Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 6.02

Necessary parties
(1)
A person whose rights may be directly affected by an issue in a case, and whose participation as a party is necessary for the court to determine all issues in dispute in the case, must be included as a party to the case.

(2)
If an application is made for a parenting order, the following must be parties to the case:

(a)
the parents of the child;

(b)
any other person in whose favour a parenting order has been made in relation to the child;

(c)
any other person with whom the child lives and who is responsible for the care, welfare and development of the child;

(d)
if a State child order is currently in place in relation to the child — the prescribed child welfare authority.

(3)
If a person mentioned in subrule (2) is not an applicant in a case involving the child, that person must be joined as a respondent to the application.

Note
The court may dispense with compliance with a rule (see rule 1.12).



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