Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p30
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 71766–74227

party.
 (3) A person required to be included as an applicant who does not consent to be included may be included as a respondent.
 (4) The Court may decide a proceeding even if a person is incorrectly included or not included as a party.

11.02  Party may include another person as a party
 (1) A party to a proceeding may include any person as a party by:
 (a) naming the person as a party in the application, response or reply; and
 (b) serving on the person a copy of the application, response or reply and all other relevant documents filed in the proceeding.
 (2) A party must not include a person as a party after the first court date without the leave of the Court.
 (3) The Court may at any time order a party who has included a person as a party to file and serve on each other party to the proceeding an affidavit setting out the basis on which the person has been included.

11.03  Person may apply to be included
 (1) A person may apply to the Court to be included as a party to a proceeding.
 (2) Unless the Court otherwise orders, the application must be supported by an affidavit stating:
 (a) the person's interest in the proceeding or any matter in dispute between the person and a party to the proceeding; and
 (b) the orders (if any) that the person will seek if included as a party.
 (3) The person must serve a copy of the application and affidavit on each party to the proceeding.
 (4) An order for inclusion of the party may be on limited terms.

11.04  Party may apply to be removed
 (1) A party to a proceeding may apply to the Court to be removed as a party.
 (2) The party must file an affidavit stating:
 (a) the relationship (if any) of the applicant to each other party; and
 (b) the evidence in support of the application.
 (3) The party must serve a copy of the application and affidavit on each other party to the proceeding.

11.05  Court may order notice to be given
  The Court may at any time order a party, or a person applying to be included as a party, to notify any person of:
 (a) the proceeding; or
 (b) the application of the person to be included as a party.

11.06  Intervention by Attorney‑General
  If intervening in a proceeding, the Attorney‑General must:
 (a) file a notice setting out the basis or grounds of the intervention and the orders (if any) sought; and
 (b) serve a copy of the notice and affidavit (if any) on each other party to the proceeding.

Division 11.2—Litigation guardian

11.07  Person who