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