Markell and Markell and Anor (No 2)

In the matter of *Markell and Markell and Anor (No 2)*, Kent J of the Family Court of Australia considered an application by Mr M to intervene in proceedings between the Husband and the Wife. Mr M was granted leave to file his application and an affidavit, however, his application to intervene was ultimately refused and adjourned.

The court was required to determine whether to grant Mr M leave to intervene in the proceedings and, if so, on what terms. The primary dispute between the Husband and Wife, as evidenced by the Minutes of Consent, concerned the dismissal of various applications filed by the Husband and the distribution of funds for legal costs, child-related expenses, and council rates.

The court's reasoning and applied principles are primarily reflected in the consent orders agreed between the Husband and Wife. These orders provided for the dismissal of four applications filed by the Husband. Crucially, the parties consented to the release of specific sums of money from their mortgagee bank, Westpac Banking Corporation, for the Husband's legal costs in criminal proceedings, for the Wife's benefit, and for various child-related expenses and property outgoings. The classification of these released sums was reserved for a final hearing.