Agambar & Agambar

In the matter of *Agambar & Agambar*, heard by Vasta J, the applicant, Ms Agambar, and the respondent, Mr Agambar, were parties to proceedings concerning their children, X and Y. The dispute centred on the management of personal injury claims arising from a motor vehicle accident on 24 March 2019, in which the children were involved.

The court was required to determine whether to join a Mr B to the proceedings and, if so, to make orders regarding parental responsibility for decisions relating to the children's personal injury claims. Specifically, the court had to consider the extent of Mr B's authority in managing these claims, including engaging legal representation, signing documents, acting as a litigation guardian, undertaking pre-action procedures, and making decisions on settlement offers.

Vasta J applied section 64C of the *Family Law Act 1975* to grant Mr B sole parental responsibility for commencing and managing the personal injury claims on behalf of the children. This authority encompassed a broad range of decisions, including the engagement of lawyers, signing of documents, acting as litigation guardian in state court proceedings, undertaking pre-action steps, and making decisions regarding settlement. However, the court also stipulated that Mr B must advise the parents of any proposed decision in advance, consider their views, and inform them of the final decision within seven days of making it.

The court ordered that Mr B be joined to the proceedings and granted him sole parental responsibility for the children's personal injury claims, subject to the conditions outlined regarding consultation with the parents.