RAYNOR & RAYNOR

Case [2020] FamCA 951


FAMILY COURT OF AUSTRALIA

RAYNOR & RAYNOR [2020] FamCA 951
FAMILY LAW – PRACTICE AND PROCEDURE – joinder – equitable claims asserted by parties proposed to be joined.
Family Law Act 1975 (Cth) ss 78(1), 79, 92
Family Law Rules 2004 (Cth) r 6.05
Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560
B Pty Ltd v K (2008) 39 Fam LR 488
Calverley v Green (1984) 155 CLR 242
Diem & Vho [2016] FamCA 680
Dougherty v Dougherty (1987) 163 CLR 278
Fencott v Muller (1983) 152 CLR 570
Foster & Cotter [2016] FamCA 1038
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Giumelli v Giumelli (1999) 196 CLR 101
Kain & Kain [2020] FamCA 650
Karjala & Gallard [2020] FamCA 110
Lindon v Commonwealth of Australia (No 2) (1996) 70 ALJR 541
Mann v Paterson Constructions Pty Ltd (2019) 93 ALJR 1164
Muschinski v Dodds (1985) 160 CLR 583
Stanford v Stanford (2012) 247 CLR 108
Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387
WorkPac Pty Ltd v Rossato [2020] FCAFC 84
APPLICANT: Mr Raynor
RESPONDENT: Ms Raynor
FIRST PROPOSED INTERVENOR: Mrs Holt (Both Personally and In Her Capacity as Executrix of The Estate of the Late Mr Holt)
SECOND PROPOSED INTERVENOR: Mr A Raynor and Mr B Raynor
FILE NUMBER: MLC 13962 of 2019
DATE DELIVERED: 19 November 2020
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Wilson J
HEARING DATE: On the papers
DATE OF LAST SUBMISSIONS: 5 November 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr F. Dixon SC
SOLICITOR FOR THE APPLICANT: Clancy and Triado
COUNSEL FOR THE RESPONDENT: Mr T. Puckey SC
SOLICITOR FOR THE RESPONDENT: Purcell & Purcell
COUNSEL FOR THE FIRST PROPOSED INTERVENOR: Mr N. McOmish
SOLICITOR FOR THE FIRST PROPOSED INTERVENOR: William Murray Solicitors
COUNSEL FOR THE SECOND PROPOSED INTERVENORS: Mr D. Laidlaw
SOLICITOR FOR THE SECOND PROPOSED INTERVENORS: Keypoint Law

Orders

  1. I grant leave for the first and second proposed intervenors to each intervene in this proceeding and for each to become a party to this proceeding.

  2. On or before 4pm on 3 December 2020 the parties must bring in minutes for the ongoing conduct of this proceeding.

  3. I adjourn the further hearing of this proceeding to 4 December 2020 at 9:30am for mention.

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

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 13962  of 2019

Mr…

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AGLC
RAYNOR & RAYNOR [2020] FamCA 951
Case
[2020] FamCA 951
Decision Date

CaseChat Overview and Summary

In the proceeding of *Raynor & Raynor*, Wilson J considered an application for leave to intervene. The dispute involved the first and second proposed intervenors seeking to become parties to the ongoing legal action.

The primary legal issue before the Court was whether to grant leave for the proposed intervenors to join the proceeding as parties. This required an assessment of the intervenors' interest in the subject matter of the litigation and whether their intervention would be just and convenient.

Wilson J granted leave for the first and second proposed intervenors to intervene and become parties to the proceeding. The Court then directed the existing parties to prepare minutes for the ongoing conduct of the proceeding by a specified date and adjourned the further hearing for mention.

Orders

Orders of the court

1.

I grant leave for the first and second proposed intervenors to each intervene in this proceeding and for each to become a party to this proceeding.

2.

On or before 4pm on 3 December 2020 the parties must bring in minutes for the ongoing conduct of this proceeding.

3.

I adjourn the further hearing of this proceeding to 4 December 2020 at 9:30am for mention.

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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