In most family law matters, there are only two parties to a dispute in the Family Court. They are the spouses or de facto spouses in a property dispute, and the parents of a child or children in a parenting dispute.
In property proceedings, a spouse may join a third party to the court proceedings if they assert, for example, that:
- an order should be made declaring that an asset legally owned by a third party should be the property of one or both spouses;
- a transaction has occurred which is likely to defeat an order of the court, and the spouse seeks to set aside that transaction;
- an adjustment should be made to the rights of a third party creditor;
- there are insufficient assets in the pool to satisfy the property division sought by the spouse, without including the matrimonial assets held by a third party entity;
- a third party should be restrained from taking certain actions that may affect or defeat the spouse’s entitlements; or
- an order needs to be made directed to a third party to assist in carrying out the property settlement sought by that spouse.
In parenting proceedings, a dispute may also be between a grandparent or other persons with care of a child and a parent. Both parents must still be parties to the proceedings.
Any persons concerned with the “care, welfare and development of the child” may apply for a parenting order under section 65C of the Family Law Act 1975 (Cth).
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