Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 3.03

  (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 setting out the facts relied on to support the addition of the proposed new party, including a statement of the proposed new party's relationship (if any) to the other parties; and

  (b)   serve on the proposed new party:

  (i)   a copy of the Application in a Proceeding; and

  (ii)   the affidavit referred to in subparagraph   (a)(ii); and

  (iii)   any other relevant document filed in the proceeding; and

  (c)   serve on the other parties:

  (i)   a copy of the Application in a Proceeding; and

  (ii)   the affidavit referred to in subparagraph   (a)(ii).