{"id":400,"date":"2024-01-12T15:21:38","date_gmt":"2024-01-12T04:21:38","guid":{"rendered":"https:\/\/www.blackwoodfamilylawyers.com.au\/insights\/?p=400"},"modified":"2026-03-16T16:35:12","modified_gmt":"2026-03-16T05:35:12","slug":"joining-third-parties-to-family-law-proceedings","status":"publish","type":"post","link":"https:\/\/www.blackwoodfamilylawyers.com.au\/insights\/joining-third-parties-to-family-law-proceedings\/","title":{"rendered":"Joining third parties to family law proceedings"},"content":{"rendered":"\n

By Karen Devey<\/a> – Special Counsel<\/strong><\/p>\n\n\n\n


Usually, only a separated husband and wife, or former de facto partners are involved in family law court proceedings. However, sometimes others need to be joined as parties. They are often referred to as \u201cthird parties\u201d.<\/p>\n\n\n\n


Section 79(10)(b) of the Family Law Act 1975 (Cth) (Act<\/strong>) provides that \u201cany other person whose interests would be affected by the making of the order\u201d<\/em> sought by the parties, is entitled to be joined as a party to family law proceedings in the Federal Circuit and Family Court of Australia.<\/p>\n\n\n\n


Rule 3.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (Rules)<\/strong> states \u201cA 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.\u201d<\/em><\/p>\n\n\n\n


The term \u201cnecessary\u201d is not defined in the Act. However, in the matter of Wayne & Dillon & Anor <\/em>[2008] FamCAFC 204, Justice Warnick in considering the definition of \u201cnecessary\u201d stated that it<\/p>\n\n\n\n


\u201c\u2026must mean something more than \u2018useful\u2019 or \u2018expeditious.\u2019 In my view, if there are available alternative means \u2026 of obtaining from a third person or someone already a party what is needed to allow an applicant for joinder to establish an identified \u201ccase,\u201d joinder is unlikely to be necessary.<\/em><\/p>\n\n\n\n


However, if a cause of action, recognisable at law, against a \u201cthird person\u201d is particularised, that is at least highly likely that joinder will be \u201cnecessary for the court to completely and finally determine all matters in dispute\u2026\u201d<\/em><\/p>\n\n\n\n


Who can be joined?<\/strong><\/p>\n\n\n\n

Identifying parties necessary to determine all issues in dispute is often straight forward.<\/p>\n\n\n\n


In parenting proceedings:
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