Bouchard and Bouchard

In *Bouchard and Bouchard*, heard by Judge Young, the dispute concerned proceedings where the applicant, Mr Bouchard, was found by the Court to be incapable of adequately conducting or giving instructions for the proceedings. The Court therefore sought the nomination of a Case Guardian to assist the respondent, Ms Bouchard.

The primary legal issue before the Court was how to proceed with the litigation given Mr Bouchard's demonstrated incapacity to participate effectively. This required the Court to consider its powers and obligations under the *Family Law Rules* to ensure the fair conduct of the proceedings.

The Court, applying rule 6.11 of the *Family Law Rules*, determined that it was necessary to appoint a Case Guardian. The Court was satisfied that Mr Bouchard lacked the capacity to conduct the proceedings or provide adequate instructions. Accordingly, the Court requested that the Commonwealth Attorney-General nominate a suitable person to act as Case Guardian for Ms Bouchard. The matter was adjourned for further consideration.