Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p9
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 9/100)
Character Range: 139747–142241

(4) A party may only add another party after the first court date with the leave of the court.
 (5) A party who relies on subrule (4) must:
 (a) file:
 (i) an Application in a Proceeding; and
 (ii) an affidavit setting out the facts relied on to support the addition of the proposed new party, including a statement of the proposed new party's relationship (if any) to the other parties; and
 (b) serve on the proposed new party:
 (i) a copy of the Application in a Proceeding; and
 (ii) the affidavit referred to in subparagraph (a)(ii); and
 (iii) any other relevant document filed in the proceeding; and
 (c) serve on the other parties:
 (i) a copy of the Application in a Proceeding; and
 (ii) the affidavit referred to in subparagraph (a)(ii).

3.04  Person may apply to be included
 (1) A person may apply to the court to be included as a party to a proceeding by filing an Application in 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.
Note: Part IX of the Family Law Act deals with intervention in a proceeding. If a person has, by order or under rule 3.07 of these Rules, intervened in a proceeding, the person becomes a party with all the rights and obligations of a party (see subsections 91(2) and 91A(4), paragraph 91B(2)(b) and subsections 92(3) and 92A(3) of the Family Law Act).

3.05  Party may apply to be removed
 (1) A party to a proceeding may apply to the court to be removed as a party by filing an Application in a Proceeding.
 (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.

3.06  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 other person of:
 (a) the proceeding; or
 (b) the application of the person to be included as a party.

3.07  Intervention by a person entitled to intervene
 (1) This rule applies if either of