(1) A person whose rights may be directly affected by an issue in a case, and whose participation as a party is necessary for the court to determine all issues in dispute in the case, must be included as a party to the case.
Example: If a party seeks an order of a kind mentioned in section 90AE or 90AF of the Act, a third party who will be bound by the order must be joined as a respondent to the case.
(2) If an application is made for a parenting order, the following must be parties to the case:
(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.
(3) If a person mentioned in subrule (2) is not an applicant in a case involving the child, that person must be joined as a respondent to the application.
Note 1: The court may dispense with compliance with a rule (see rule 1.12).
Note 2: Pre-action procedures must be complied with by all prospective parties under rule 1.05.