Pratley & Pratley (No 7)

[2023] FedCFamC1F 928

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Pratley & Pratley (No 7) [2023] FedCFamC1F 928

File number(s):	CAC 298 of 2019
Judgment of:	GILL J
Date of judgment:	30 October 2023
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Application to be joined to the proceedings as an intervener – Where the parties seeking to join claim they are owed a debt by two corporate entities that forms a significant proportion of the property pool – Where the parties seeking to join are entitled to become parties to the proceedings pursuant to s 79(10) – Order made to join the interveners as parties to the proceedings.
Legislation:	Family Law Act 1975, s 79(10)
Division:	Division 1 First Instance
Number of paragraphs:	2
Date of hearing:	30 October 2023
Place:	Canberra
Counsel for the Applicant:	Mr Williams, KC with Mr Matthews, counsel
Solicitor for the Applicant:	Hijazi Curran Cameron Lawyers
Counsel for the Respondent:	Mr Puckey, KC
Solicitor for the Respondent:	Farrar Gesini Dunn
Counsel for the Interveners:	Ms Baker-Goldsmith, counsel
Solicitor for the Interveners:	McGilvray

ORDERS

CAC 298 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS PRATLEY
Applicant

AND:

MR PRATLEY
Respondent

MR EE
First Intervener

MR H
Second Intervener

MR J
Third Intervener

MR O
Fourth Intervener

ORDER MADE BY:	GILL J
DATE OF ORDER:	30 OCTOBER 2023

THE COURT ORDERS THAT:

1.Mr EE, Mr H, Mr J and Mr O are joined as parties to these proceedings.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

GILL J

1. By application in a proceeding filed 27 October 2023 Mr EE, Mr H, Mr J and Mr O seek to join the proceedings between the husband and wife.  That application is predicated upon various claims made by those persons that in aggregate involve a claim in excess of $3 million directed to the two primary corporate entities which form a significant portion of the pool of property in dispute between the wife and the husband.

2. It is conceded for the wife and the husband that on the claim as articulated by the four they are persons whose interests would be affected by the making of an order. Accordingly, on the basis of the claim articulated by them they are, pursuant to s 79(10) of the Family Law Act 1975, entitled each to become a party to proceedings.

I certify that the preceding two (2) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Gill.

Associate:

Dated:       30 October 2023