Baker & Baker

[2025] FedCFamC2F 862

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Baker & Baker [2025] FedCFamC2F 862

File number(s):

PAC 1331 of 2025

Judgment of:

JUDGE NEWBRUN

Date of judgment:

24 June 2025

Catchwords:

FAMILY LAW – PRACTICE AND PROCEDURE – Appointment of litigation guardian – Identity of litigation guardian.

Legislation:

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 3.14

Cases cited:

Logan & Anor and Logan & Anor [2016] FamCA 649

Kannis & Kannis (2003) FLC 93-135

Division:

Division 2 Family Law

Number of paragraphs:

24

Date of hearing:

20 June 2025

Place:

Parramatta

Counsel for the Applicant:

Mr Gabrial

Solicitor for the Applicant:

John Hall Lawyers

Counsel for the Respondent:

Mr Fermanis

Solicitor for the Respondent:

A C Dunstan Lawyers

ORDERS

PAC 1331 of 2025

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS BAKER

Applicant

AND:

MR BAKER

Respondent

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	24 JUNE 2025

PENDING FURTHER ORDER THE COURT ORDERS THAT:

1.Pursuant to r 3.15 (2), Ms C born in 1969 is appointed as litigation guardian (“the Litigation Guardian”) for the Applicant Wife in these proceedings.

2.As and from the date of this Order, the legal costs of the Litigation Guardian, arising from these proceedings only, be paid from the income or property of the wife with such costs to be at the rate provided for in Schedule 1 of the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth).

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE NEWBRUN:

1. This is the determination of an interlocutory application by the wife to appoint the parties’ daughter as her litigation guardian in these property proceedings. The husband resists this application. He acknowledges the need of the wife for a litigation guardian. However, he contends that the daughter has an interest in the proceeding adverse to the wife, and also contends that she cannot fairly and competently conduct the proceeding for the wife: see r 3.14 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (“the Rules”). He seeks the appointment of a specialist family law solicitor as a litigation guardian of the wife.

2. The wife…