Federal Court Rules 2011

A person who was not a party to the proceeding in the court appealed from may apply to the Court for leave to intervene in an appeal.

The person must satisfy the Court:

that the intervener’s contribution will be useful and different from the contribution of the parties to the appeal; and

that the intervention would not unreasonably interfere with the ability of the parties to conduct the appeal as they wish; and

of any other matter that the Court considers relevant.

The role of the intervener is solely to assist the Court in resolving the issues raised by the parties.

The Court may give leave to the intervener to intervene on conditions, and with the rights, privileges and liabilities (including liabilities for costs), determined by the Court.

When giving leave, the Court may specify the form of assistance to be given by the intervener and the manner of participation of the intervener and, in particular:

the matters that the intervener may raise; and

whether the intervener’s submissions are to be oral, in writing, or both.