Bondelmonte and Bondelmonte & Anor

In the matter of *Bondelmonte and Bondelmonte & Anor*, the Federal Circuit Court of Australia, presided over by Watts J, considered an application made by Mr DD Bondelmonte concerning his two elder children. The application sought the appointment of a case guardian for these children and leave for them to intervene in existing parenting proceedings.

The central legal issues before the court were whether the requirements of rules 6.08(1) and (2) and rules 6.09(b) and (c) of the *Family Law Rules 2004* (Cth) were satisfied by the applicant's material. Specifically, the court had to determine if the circumstances warranted the appointment of a case guardian and the granting of leave to intervene, considering the nature of the facts and the children's interests.

Watts J found that while certain facts were peculiarly within the knowledge of the applicant and the father, satisfying the requirements of rule 6.08(2), the conditions stipulated in rules 6.09(b) and (c) were not met. Consequently, the court dismissed the application for the appointment of a case guardian for the elder children. The Amended Application in a Case filed by Mr DD Bondelmonte on 19 December 2016 was therefore dismissed.