Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 6.02

Necessary parties

             (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.

   



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