Time Limits Matter

Best Hooper
31 August 2023

In a recent Practice Day Hearing before Member Perlstein, Andrew Iser (Senior Associate) successfully argued that 48 people should not be joined as joint objectors to a proceeding as such joinder would cause the Applicant an unacceptable prejudice.

The joint objectors sought to be joined 28 days out of time, four days before a Compulsory Conference, added no new grounds to the representative objector’s grounds and on the basis of being names on a petition commenced by the representative objector.

Mr Iser characterised the joinder application as “nothing but an exercise in name farming”. The Tribunal agreed and held that the fact the objectors were lay people was no excuse and insufficient to overcome the prejudice caused to the Applicant.