CLEAVE & CLEAVE

In the matter of *Cleave & Cleave*, Berman J of the Family Court of Australia considered an application for leave to intervene in family law proceedings. The applicant for intervention, Mr B Cleave, who is the son of the parties to the principal proceedings, contended that he possessed an equitable interest in a trust in which the parties also held an interest. The application for intervention was opposed by the parties.

The primary legal issue before the Court was whether Mr B Cleave had standing to intervene in the proceedings, given his asserted equitable interest in the trust. A secondary issue concerned the appropriate costs order, particularly in light of the timing of the intervention application and the conduct of the intervener.

Berman J determined that Mr B Cleave did have standing to intervene, recognising his claimed equitable interest in the trust as sufficient to warrant his joinder in the proceedings. Regarding costs, the Court found that the intervener's failure to make his application for intervention until the day of the interim hearing, despite having prior notice of the parties' claims and the hearing, justified an order for costs against him.

Consequently, the Court ordered that Mr B Cleave be joined as the second respondent to the proceedings. Furthermore, the Court ordered that the second respondent pay the costs of the husband that were thrown away in respect of the hearing on 22 April 2020, to be determined on a party/party basis.