Notice of Intervention by Person Entitled to Intervene

Rule 3.07 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 applies when the Attorney-General, or any other person entitled under the Family Law Act 1975 to intervene without the court's permission, intervenes in a proceeding. The intervener files this notice together with an affidavit stating the facts relied on and attaching a schedule of the orders sought. The note to rule 3.07 gives examples of people with that right: creditors and others whose interests would be affected by a property order (ss 79AA(10) and 90SMA(10)), the Attorney-General (s 91 and s 78A of the Judiciary Act 1903), the persons listed in s 92A(2), and the Child Support Registrar under s 145 of the Child Support (Assessment) Act. Once a person has intervened they become a party with a party's rights and obligations.

When you need it

• You have a statutory right to intervene in a family law proceeding, such as a creditor of a party in a property case or the Child Support Registrar.
• You are the Attorney-General intervening in a proceeding.
• Do not use it if you need the court's permission to join. In that case file an Application in a Proceeding with a supporting affidavit (r 3.04).

1. 1

   Heading and file details

   Mark the court (Division 1 or Division 2) and give the file number of the existing proceeding. The court completes the filing and court date boxes.

2. 2

   Part A: about the parties

   Copy the names of the applicants and respondents from the existing proceeding.

3. 3

   Part B: the intervener

   Give each intervener's family and given names and an address for service in Australia (include the law firm's name if you give a lawyer's address), phone, email and lawyer's code. There is space for two interveners.

4. 4

   Part C: signature

   Each intervener or their lawyer signs and dates the notice, ticks who signed and who prepared it, and prints the name and lawyer's code.

5. 5

   Prepare the affidavit

   Swear or affirm an affidavit setting out the facts that give you the right to intervene and support your intervention, and attach a schedule of the orders you seek (r 3.07(2)(b)).

• File the notice and affidavit together in the proceeding, usually by eFiling on the Commonwealth Courts Portal.
• When the notice is filed, the Registry Manager must fix a date for a procedural hearing (r 3.07(3)).
• You must give each other party written notice of the procedural hearing (r 3.07(4)), and serve the filed documents on each other party and any independent children's lawyer as soon as practicable (r 2.27(3)).

• Check the section of the Family Law Act that gives you the right to intervene before using this form. If you are not clearly within one, an Application in a Proceeding under r 3.04 is the safer path.
• The schedule of orders sought is part of the affidavit, not the notice. Without it the other parties and the court cannot tell what you want.