Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 9.05

Joinder of parties by Court order

         (1)   A party may apply to the Court for an order that a person be joined as a party to the proceeding if the person:

                (a)    ought to have been joined as a party to the proceeding; or

               (b)    is a person:

                          (i)    whose cooperation might be required to enforce a judgment; or

                         (ii)    whose joinder is necessary to ensure that each issue in dispute in the proceeding is able to be heard and finally determined; or

                        (iii)    who should be joined as a party in order to enable determination of a related dispute and, as a result, avoid multiplicity of proceedings.

         (2)   A person must not be added as an applicant without the person's consent.

         (3)   If a person is joined as a party under this rule, the start date of the proceeding for the person is the date on which the order is made.

         (4)   An application under subrule (1) need not be served on any person who was not served with a copy of the originating application.

Note    The Court may make an order for any of the following:

(a)   service of the order and any other document in the proceeding;

(b)   amendment of a document in the proceeding;

(c)   the filing of a notice of address for service by a party.

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