Decision: The Tribunal grants the joinder application lodged by Energy Australia Home Services Pty Ltd dated 12 December 2025 under s 22 Administrative Review Tribunal Act 2024 (Cth) (Tribunal Act).

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Personal properties and securities - application for joinder by grantor - hearing on the papers - Applicant failure to comply with direction of the Tribunal

Administrative Review Tribunal Act 2024 (Cth) - s 9, s 22, s 49, s 52, s106(4)

Re Control Investments Pty Ltd and Australian Broadcasting Tribunal (No 1) [1980] AATA 78; (1980) 3 ALD 74

Re Marine World Victoria Ltd and Minister for Arts, Heritage and the Environment [1986] AATA 203; (1986) 10 ALD 262

Riverina Medical and Dental Aboriginal Corporation and Registrar of Aboriginal and Torres Strait Islander Corporations (Practice and Procedure) [2025] ARTA 2509

1. These are my reasons for granting an application for Energy Australia Home Services Pty Ltd (EnergyAustralia) to be joined as a party to the proceeding.
2. The proceeding concerns an application for review of a decision by the Respondent to remove a registered finance statement (the registration) registered by the Applicant on 4 September 2025 against EnergyAustralia.
3. On 11 June 2025, the Applicant applied to the Tribunal seeking review of the Respondent's decision to remove the registration.[1]
4. On 12 December 2025, EnergyAustralia applied to be joined as a party to the proceeding.[2]
5. The Tribunal listed the proceeding for hearing of the joinder application on 20 January 2026.
6. On 9 January 2026, the Tribunal issued directions to the parties and EnergyAustralia, directing them to lodge and provide to each other by 4.00PM AEST on 14 January 2026, any evidence (not included in the Tribunal documents) and submissions on which they proposed to rely for the hearing and determination of the joinder application.
7. The Respondent and EnergyAustralia duly lodged submissions within the required timeframe. The Respondent also gave notice that it consented to the joinder of EnergyAustralia.
8. The Applicant failed to comply with the Tribunal's direction and has not advised the Respondent, EnergyAustralia or the Tribunal of its attitude to the joinder application. In fact, no further communication has been forthcoming from the Applicant at the time of writing this decision.
9. In the circumstances, I reviewed the material lodged by the Respondent and EnergyAustralia and was satisfied on the basis of s 106(4) Administrative Review Tribunal Act 2024 (Cth) (Tribunal Act) that the Applicant has failed to comply with a direction of the Tribunal and further, that the joinder application could be adequately determined in the absence of the parties. On 15 January 2026, the Tribunal gave notice to the parties and EnergyAustralia of my decision to determine the matter on the papers and intention to issue a short statement of reasons. There was no response from the Applicant to that communication.

1. The Tribunal is required to be satisfied under s 22(1)(c) Tribunal Act both that a joinder Applicant's interests are affected by the decision which is the subject of the application and that it is appropriate that they become a party. I recently considered and addressed the scope and application of these requirements in Riverina Medical and Dental Aboriginal Corporation and Registrar of Aboriginal and Torres Strait Islander Corporations (Practice and Procedure) [2025] ARTA 2509.[3] For the purposes of this decision, I have considered the following and am satisfied these requirements are met for the following reasons.

• 11. First, EnergyAustralia has demonstrated it is directly affected by the decision[4] in that the registration in question was lodged against it by the Applicant, that it made the amendment demand and it subsequently sought removal of the registration, resulting in the Respondent's decision. The Respondent gave notice of its decision to EnergyAustralia.[5]

1. I am further satisfied, having reviewed the documents lodged with the Tribunal pursuant to s 23 Tribunal Act[6] that EnergyAustralia's interest in the decision is substantial. It is not simply a passing interest in the matter such as might be held by any member of the public.[7]
2. Second, the Respondent has consented to the joinder Application and submits that EnergyAustralia is the appropriate active contradictor to advance arguments about whether the collateral referred to in the Registration secured any obligation (including payment) owed by a debtor to a Secured Party (in this case, the Applicant). By this, I understand the Respondent to be foreshadowing that it would be content for EnergyAustralia to take the lead role on evidence on this issue at the substantive hearing.
3. The Respondent, by these submissions has satisfied me that in joining EnergyAustralia, the Tribunal will not necessarily be duplicating time and effort in the proceeding. Instead, I apprehend EnergyAustralia will be able to directly engage with the Applicant about these matters and will be able to assist the Tribunal in leading the evidence about the nature of any interest. On this basis, I am satisfied there will be some efficiency resulting from its joinder for the purposes of s 22(1)(c)(iii) Tribunal Act.
4. I have not identified any potential detriment to the Applicant arising from the joinder of the Respondent.
5. In such circumstances, I am satisfied there is a proper basis to grant the application and order that EnergyAustralia be joined as a party to the proceeding. I propose to ask the parties to work together with the Tribunal to settle on directions which will efficiently and effectively manage the conduct of the proceeding and presentation of evidence to minimise any duplication and cost to all concerned. On that basis, I do not propose to grant the application subject to conditions and note any further steps and arrangements can be discussed with the parties at a case management directions hearing on 20 January 2026.
6. Accordingly, the application for joinder dated 12 December 2025 is granted and by this decision notice is provided to the parties as required by s 22(3) Tribunal Act.

[1] T1.1 and T1.2. The Respondent was not notified of the application until 16 October 2025.

[3] In particular [30]. See also the emphasis on consideration of the Tribunal's objectives in Tribunal Act s 9 and its discretion in terms of how proceedings are conducted as well as its obligation to afford parties a fair hearing, Tribunal Act s 49, s 52. Riverina [12].

[4] As required by Tribunal Act, s 22(1)(c)(ii).

[6] T1, T1.1, T1.2, T1.3, T1.4, T2, T4, T7.

[7] Re Control Investments Pty Ltd and Australian Broadcasting Tribunal (No 1) [1980] AATA 78; (1980) 3 ALD 74 at [79] per Davies J and the factors considered in Re Marine World Victoria Ltd and Minister for Arts, Heritage and the Environment [1986] AATA 203; (1986) 10 ALD 262 at [15], [31], [33].