Quach v Marks [2021] FCA 335
Leave to intervene was granted to the Attorney General because there was no contradictor as the respondent had filed a submitting appearance; the Court would be assisted by alternative arguments from the Attorney General given his official responsibilities in relation to NCAT; and none of the applicant’s objections justified refusing leave under r 9.12.
- Parties
- Applicant: Michael Van Thanh Quach; Respondent: Frank Marks
- Jurisdiction
- Australia
- Judgment Date
- 31 March 2021
- Procedural Posture
- Application for Leave to Intervene / Interlocutory Order
- Outcome
- Application granted
- Legal Topics
- Intervention by Non Party, Leave to Intervene, Federal Court Procedure, Role of Attorney General
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Van Thanh Quach
Applicant
Frank Marks
Respondent
Procedural Posture
Application for Leave to Intervene / Interlocutory Order
Legal Issues
- 1 Whether leave should be granted to the Attorney General to intervene as a non-party in proceedings where the respondent has filed a submitting appearance
- 2 Whether the proposed intervener's contribution would be useful and different from the principal parties
Ratio Decidendi
Leave to intervene was granted to the Attorney General because there was no contradictor as the respondent had filed a submitting appearance; the Court would be assisted by alternative arguments from the Attorney General given his official responsibilities in relation to NCAT; and none of the applicant’s objections justified refusing leave under r 9.12.
Court Disposition
Application granted
Orders
- The Attorney General be granted leave to appear as an intervener in these proceedings.
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