Commonwealth Numbered Regulations

1995 No. 371 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 7

                             SCHEDULE 7                    Rule 23

NEW ORDER 15

"ORDER 15-INTERVENERS AND OTHER PARTIES

"Division 1-Interveners Intervention by the Attorney-General in proceedings
generally

"1. If the Attorney-General intervenes in proceedings (except under section 58
of the Act), the Attorney-General must:

   (a)  file a notice:

        (i)    stating that the Attorney-General intervenes in the
               proceedings; and

        (ii)   setting out the basis or grounds of the intervention; and

        (iii)  setting out the orders (if any) sought; and

   (b)  cause a copy of the notice to be served on each other party to the
        proceedings. Intervention by the Attorney-General under section 58 of
        the Act

"2. (1) If the Attorney-General intervenes in proceedings under section 58 of
the Act, the Attorney-General must file an application and an affidavit
setting out the facts and matters relied on in support of the application.

"(2) The Attorney-General must cause the application and affidavit referred to
in subrule (1) to be served on each party to the proceedings in which the
relevant decree nisi was made. Intervention in proceedings by a person not a
party-Form 8

"3. (1) If a person who is not a party to proceedings wishes to intervene in
the proceedings, the person must file an application for leave to intervene in
accordance with Form 8.

"(2) An applicant for leave to intervene in proceedings must file with the
application an affidavit that sets out:

   (a)  in paragraph 1-the relationship (if any) of the applicant to the
        parties or any of them; and

   (b)  in paragraph 2-the orders (if any) that the applicant will ask the
        court to make if the applicant is granted leave to intervene; and

   (c)  the evidence on the basis of which the applicant asks the court to
        grant leave to intervene.

"(3) An applicant for leave to intervene in proceedings must serve the
application and affidavit on each other party to the proceedings. Documents to
be filed by intervener

"4. (1) If the court, or a Registrar, makes an order granting a person leave
to intervene in proceedings, the person must:

   (a)  not later than 14 days after the order is made:

        (i)    file a notice of intervention in accordance with Form 15C; and

        (ii)   file an application in accordance with Form 8 setting out the
               orders (if any) sought; and

   (b)  as soon as practicable, serve a copy of the order, the notice, and the
        application (if any) on each other party to the proceedings.

"(2) Unless the court, or a Registrar, otherwise orders, Orders 8 and 9 apply
to an application referred to in subparagraph (1) (a) (ii).

Court may order notice to be given

"5. At any time during proceedings, the court, or a Registrar, may order:

   (a)  a party; or

   (b)  a person who seeks leave to intervene; or

   (c)  a person to whom leave has been given to intervene; to give notice to
        a person specified in the order, in the form ordered by the court, or
        the Registrar, stating:

   (d)  that proceedings have been instituted; and

   (e)  that a person seeks, or has been given, leave to intervene in the
        proceedings; and

   (f)  any other fact or matter the court, or the Registrar, thinks
        appropriate.

"Division 2-Third parties Third parties

"6. (1) If a respondent in proceedings:

   (a)  claims:

        (i)    a contribution or indemnity; or

        (ii)   any relief or remedy related to the subject-matter of the
               proceedings that is substantially the same as some relief or
               remedy claimed by the applicant in the proceedings;
against a person not already a party to the proceedings; or

   (b)  seeks to have a question relating to the proceedings determined
        between, not only the applicant and the respondent, but also between
        either of them and that person; then, subject to subrule (2), the
        respondent may join that person as a third party to the proceedings.

"(2) A respondent in proceedings may join a person as a third party:

   (a)  before the directions hearing; or

   (b)  with the leave of the court, or a Registrar-after the directions
        hearing. Third party notice-Form 15B

"7. (1) A respondent may claim relief against a third party by filing a third
party notice in accordance with Form 15B.

"(2) The third party notice must set out:

   (a)  the relief claimed; and

   (b)  if the notice is made in reliance on a cross-vesting law-the
        particulars required under Order 31A. Service of documents on third
        party

"8. On filing a third party notice:

   (a)  the person named in the notice as a third party becomes a party to the
        proceedings; and

   (b)  the respondent who joined the person as a third party must serve on
        the person, as soon as practicable after the date of filing and, in
        any event, before the directions hearing:

        (i)    a copy of the third party notice; and

        (ii)   if the third party was joined by leave of the court, or a
               Registrar-a copy of the relevant order; and

        (iii)  a copy of the application initiating the proceedings; and

        (iv)   a copy of any other application or relevant affidavit filed and
               served in the proceedings. Hearing of claim against a third
               party in court of summary jurisdiction

"9. If notice of a claim against a third party is filed in a court of summary
jurisdiction:

   (a)  the Registrar of the court must fix a date for the hearing of the
        proceedings; and

   (b)  the proceedings must be heard and disposed of without a directions
        hearing, unless the court otherwise orders. Response by third
        party-Form 15D

"10. (1) If a third party is served with a third party notice, the third party
may file and serve a response in accordance with Form 15D as if the notice
were an application and the third party were the respondent.

"(2) A response that is filed and served under subrule (1) must be filed and
served:

   (a)  as soon as practicable after service of the third party notice; and

   (b)  in any event, before the directions hearing.

"Division 3-Other parties and related matters Parent other than applicant

"11. (1) If an application is made in proceedings concerning the welfare,
guardianship, custody or maintenance of, or access to, a child, a parent of
the child who is not an applicant in the proceedings must be joined as a
respondent in the proceedings, unless the court, or a Registrar, otherwise
orders.

"(2) If, in proceedings of the kind referred to in subrule (1):

   (a)  a parent of the child is not a party to the proceedings; and

   (b)  no other party applies to join the parent as a respondent in the
        proceedings; the court, or the Registrar, may order that the child's
        parent or parents be made a respondent or respondents in the
        proceedings. Notice to particular persons in proceedings relating to
        children

"12. If an application is made concerning the welfare, guardianship, custody
or maintenance of, or access to, a child, notice of the proceedings, in a form
determined by the court, or a Registrar, must be given:

   (a)  if the person having the custody, guardianship, care and control or
        supervision of the child is not a party to the proceedings-to that
        person; and

   (b)  to any other person as ordered by the court, or the Registrar.
        Proceedings after the death of a person

"13. (1) If:

   (a)  a person dies; and

   (b)  under the Act, proceedings may be instituted or continued by or
        against the person's estate or legal personal representative; the
        court, or a Registrar, may make any orders it thinks proper with
        respect to the conduct of the proceedings, including:

   (c)  an order that the legal personal representative of the person be
        substituted for the person as a party; and

   (d)  an order that notice of the proceedings be given to a person in the
        manner directed by the court, or the Registrar; and

   (e)  an order granting leave to a person to intervene in the proceedings on
        the terms the court, or the Registrar, thinks fit; and

   (f)  an order for the amendment of an application or other document in the
        proceedings, in the manner and subject to the conditions that the
        court, or the Registrar, thinks fit.

"(2) For the purposes of this rule, 'legal personal representative' includes a
person who has been granted letters of administration only for the purpose of
taking, continuing or defending the proceedings.".