David Burrows, Solicitor Advocate:
Part 1 of this series on case management looked at the importance of case management in a system of justice, and at definition of issues as part of that. This second article considers adding (formerly joinder of) parties to family proceedings, especially in the area of financial remedy proceedings. It looks at the extent of the family court's jurisdiction to add parties and considers the unresolved area of whether or not a third party can be compelled to join - for example where an order might be sought from the court in respect of that third party's property. And it proposes a draft order to deal with the addition of parties and the issues which they might be called upon to deal with.
The full version of this article appears in the April 2014 issue of Family Law.
Online subscribers can access the full article here.