Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p8
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 8/100)
Character Range: 137403–139957

representation

Part 3.1—Necessary parties

3.01  Necessary parties
  A person whose rights may be directly affected by an issue in a proceeding, and whose participation as a party is necessary for the court to determine all issues in dispute in the proceeding, must be included as a party to the proceeding.
Example: If a party seeks an order of a kind referred to in section 90AE or 90AF of the Family Law Act, a third party who will be bound by the order must be joined as a respondent to the proceeding.

3.02  Necessary parties to applications for parenting orders
 (1) If an application is made for a parenting order in relation to a child, the following must be parties to the proceeding:
 (a) the parents of the child;
 (b) any other person in whose favour a parenting order is currently in force in relation to the child;
 (c) any other person with whom the child lives and who is responsible for the care, welfare and development of the child;
 (d) if a State child order is currently in place in relation to the child—the prescribed child welfare authority.
 (2) If a person referred to in subrule (1) is not an applicant in a proceeding involving the child, the person must be joined as a respondent to the application.

Part 3.2—Adding and removing a party

3.03  Adding 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 may add another party after a proceeding has started by amending the application or response to add the name of the party.
 (3) A party who relies on subrule (2) must:
 (a) file an affidavit setting out the facts relied on to support the addition of the new party, including a statement of the new party's relationship (if any) to the other parties; and
 (b) serve on the new party:
 (i) a copy of the application, amended application, response or amended response; and
 (ii) the affidavit referred to in paragraph (a); and
 (iii) any other relevant document filed in the proceeding; and
 (c) serve on the other parties:
 (i) a copy of the application, amended application, response or amended response; and
 (ii) the affidavit referred to in paragraph (a).
 (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