Rilak & Tsocas (No 3)

In *Rilak & Tsocas (No 3)*, Gill J of the Supreme Court of Victoria considered an application by the first respondent, Mr. Rilak, for an order that the second respondent, Mr. Tsocas, be joined as a party to the proceeding. The dispute concerned the administration of the estate of the late Mr. Rilak, with the applicant, Ms. Rilak, seeking to recover assets allegedly misappropriated by Mr. Tsocas. Mr. Rilak sought to join Mr. Tsocas to the proceeding to ensure that any orders made regarding the estate's administration would be binding on him.

The central legal issue before the Court was whether Mr. Tsocas ought to be joined as a party to the proceeding pursuant to rule 9.06 of the *Supreme Court (General Civil Procedure) Rules 2015* (Vic). This rule permits the joinder of a person if their presence is necessary to ensure all questions in the proceeding can be effectively and completely determined. The Court had to assess whether Mr. Tsocas had a sufficient interest in the subject matter of the litigation and whether his joinder was necessary for the just and convenient resolution of the dispute concerning the estate.

Gill J reasoned that Mr. Tsocas's involvement in the alleged misappropriation of estate assets meant he had a direct interest in the outcome of the proceeding. The Court found that the applicant's claim against Mr. Tsocas for the recovery of assets was a significant component of the overall dispute regarding the estate's administration. Consequently, to ensure that all relevant questions concerning the estate's assets could be effectively and completely determined, and to avoid the possibility of inconsistent findings, the Court concluded that Mr. Tsocas's joinder was necessary. The Court applied the principles governing joinder of parties, focusing on the need for complete determination of all questions and the avoidance of multiplicity of proceedings.

The Court ordered that Mr. Tsocas be joined as the second respondent to the proceeding.