Recorded Webinar: When Three's a Crowd - The Role of Third Parties in Property Matters

While a property matter typically involves two warring former spouses, there has been a steady increase in the number of third party applications in the Family Court. This session examines the rights and responsibilities of third parties joined to a proceeding, and how a family lawyer should best navigate the process when acting for a third party. It covers:

• Who can be a third party?
  • Family members or business associates with an interest in property subject to the proceedings
  • Trustees or appointors of a family trust
  • Directors and shareholders of a family company Trustee of super fund
  • Trustee in bankruptcy
• Parent loans versus gifts
• Why should a third party be joined to the proceeding?
• Third party disclosure obligations
• When can orders be made against the third party?
• What remedies are available?
• On what grounds can a third party resist orders being made affecting them?
• Strategies and procedural issues to consider when advising a third party:
  • Requesting particulars from the parties
  • Understanding the relevant grounds and remedies
  • What evidence is required to support your client’s position?
  • Payment of valuation and expert costs
  • The role of bifurcation applications