Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This rule applies if either of the following intervenes in a proceeding:
(a) the Attorney - General;
(b) any other person who is entitled under the Family Law Act to intervene in the proceeding without the court's permission.
(2) The person intervening must file:
(a) a Notice of Intervention by Person Entitled to Intervene; and
(b) an affidavit:
(i) stating the facts relied on in support of the intervention; and
(ii) attaching a schedule setting out the orders sought.
Note: The following are examples of when a person is entitled under the Family Law Act to intervene in a proceeding without the court's permission:
(a) subsection 79(10) authorises a creditor of a party to a proceeding who may not be able to recover a debt if an order is made under section 79, and a person whose interests would be affected by an order under section 79, to become a party to the proceeding;
(b) subsection 90SM(10) authorises a creditor of a party to a proceeding who would not be able to recover a debt if an order is made under section 90SM of the Family Law Act, a party to a de facto relationship or marriage with a party to a proceeding, a party to certain financial agreements and a person whose interests would be affected by the making of an order to become parties to the proceeding;
(c) section 91 of the Family Law Act and section 78A of the Judiciary Act 1903 authorise the Attorney - General to intervene in a proceeding;
(d) section 92A of the Family Law Act authorises the persons referred to in subsection 92A(2) of that Act to intervene in a proceeding without the court's permission;
(e) section 145 of the Assessment Act authorises the Child Support Registrar to intervene in a proceeding.
(3) On the filing of a Notice of Intervention by Person Entitled to Intervene, the Registry Manager must fix a date for a procedural hearing.
(4) The person intervening must give each other party written notice of the procedural hearing.