Luke Nelson Barrister 3PB
This article serves as a brief precis of the practical procedural and legal issues that arise when third-party interests in land arise in financial remedy proceedings.
The article addresses the following questions:
(1) How to identify that a case is suitable for joinder.
(2) What is the correct procedure for joinder?
(3) What is the applicable law for dealing with third party interests?
(4) How best to run a joinder case.
Any intervener action requires a watchful eye and a steady hand. Early identification of issues is essential to reducing costs risk and narrowing the dispute. Insightful interviewing and firm advice to clients are critical to avoid incurring significant costs on all sides especially where costs follow the event.
The article provides useful practical tips for ensuring these often difficult and fraught cases are prepared as effectively as possible; achieving client satisfaction or at least protection from the ruinous consequences of a poorly run intervener action.
The full article will be published in the July issue of Family Law.
Read the full article here.