BURSTON & BURSTON

In the matter of *Burston & Burston*, heard by Judge Neville of the Federal Circuit Court of Australia, the proceedings concerned the management of the affairs of the Respondent Wife, Ms Burston, and her capacity to participate in family law proceedings. The core of the dispute revolved around ensuring Ms Burston had appropriate legal representation and management of her interests throughout the litigation.

The primary legal issue before the Court was whether it was necessary to appoint a litigation guardian for Ms Burston. This required the Court to consider Ms Burston's capacity to manage her own affairs and participate effectively in the legal proceedings, and to determine the appropriate mechanism for appointing such a guardian under the Federal Circuit Court Rules 2001.

Judge Neville ordered that, pursuant to Rule 11.12(3) of the Federal Circuit Court Rules 2001, the Attorney-General be requested to appoint a person to act as the litigation guardian for Ms Burston. This appointment was specifically for the purpose of managing her affairs within the family law proceedings. The Court noted that the final hearing date, scheduled for 20 August 2015, might be postponed depending on the views of the appointed litigation guardian and the procedures surrounding their appointment.