Toma & Doyle (No 2)

In Toma & Doyle (No 2), Ms Toma, the applicant, sought to join 15 further respondents to her proceedings for alteration of interests in property pursuant to s 79 of the Family Law Act 1975 (Cth) ("Act"). Mr Doyle, the husband and respondent, opposed the joinder of the proposed respondents. The proposed second respondent, Q Pty Ltd in its capacity as trustee for the S Share Trust Deed, also opposed its joinder. The court considered whether the rights of the proposed respondents may be directly affected by an issue in the proceeding and whether their participation as a party was necessary to determine all issues in dispute in the proceeding. The court found that Q Pty Ltd in its capacity as trustee for the S Share Trust Deed must be joined as a second respondent to the proceeding as its rights may be directly affected by an issue in the proceeding and its participation was necessary to determine all issues in dispute. The joinder of the other proposed respondents was declined as their participation was not necessary to determine all issues in dispute in the proceeding.