Narkis & Narkis (No 3)

In *Narkis & Narkis (No 3)*, the wife sought to join Mr HH, as trustee of the Mr Narkis and Ms JK Family Trust, as a party to the proceedings. The husband opposed this application. The matter came before Cronin J in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether Mr HH, as trustee of the family trust, ought to be joined as a party to the financial proceedings between the husband and wife. This involved considering the court's power to join third parties and the relevance of the trust to the property settlement.

Cronin J reasoned that the trust was a relevant consideration in the property settlement, particularly in light of the wife's allegations concerning the dissipation of assets. The court applied principles relating to the joinder of parties in family law proceedings, which permit the joinder of a third party where their interests are directly affected by the proceedings or where their involvement is necessary for the just and equitable determination of the parties' rights. The court found that the trustee's joinder was necessary for the proper resolution of the financial dispute.

Consequently, the court ordered that Mr HH, as trustee of the Mr Narkis and Ms JK Family Trust, be joined as a party to the proceedings and file a Notice of Address for Service. The court also dismissed paragraph 7 of the wife’s amended initiating application and adjourned all outstanding applications for final orders to a date to be fixed for final hearing.