Masson & Parsons

The case of *Masson & Parsons* concerned an application by the applicant, Ms Masson, for an order that her former de facto partner, Mr Parsons, be joined as a respondent to proceedings. The proceedings themselves were initiated by Ms Masson against the respondent, Mr Parsons, seeking orders under the *Family Law Act 1975* (Cth) concerning the division of property. The application to join Mr Parsons as a respondent arose from allegations that Mr Parsons had transferred certain assets to a company, of which the applicant, Ms Masson, was the sole director and shareholder, for the purpose of frustrating the property settlement. The matter came before Cleary J of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether Mr Parsons should be joined as a respondent to the existing property settlement proceedings. This required the Court to consider the principles governing the joinder of parties in family law proceedings, particularly in circumstances where a third party is alleged to have interfered with or dissipated assets that would otherwise be available for division between the parties to the marriage or de facto relationship. The Court also had to assess whether the joinder was necessary for the effective and complete determination of the property settlement dispute.

Cleary J reasoned that the joinder of Mr Parsons was necessary to ensure that all relevant parties and assets were before the Court. His Honour noted that the applicant had made serious allegations that Mr Parsons had engaged in conduct designed to defeat her claim for a property settlement. To properly adjudicate the property settlement, the Court needed to be able to consider the nature of the transactions involving the company and Mr Parsons' role in them. The Court applied the principles that allow for the joinder of a third party where their involvement is essential to the just and equitable resolution of the dispute, and where their conduct may have affected the pool of assets available for division.

The Court ordered that Mr Parsons be joined as a respondent to the proceedings.