CROSS & CROSS

Case

[2020] FamCA 454

25 May 2020


Details
AGLC Case Decision Date
CROSS & CROSS [2020] FamCA 454 [2020] FamCA 454 25 May 2020

CaseChat Overview and Summary

In the matter of *CROSS & CROSS*, heard in the District Court, the dispute concerned the appointment of a case guardian for Mr Cross in proceedings SYC6040/2016. The court was required to determine whether to appoint a case guardian for Mr Cross and, if so, from whose income or property the costs of that guardian should be paid.

The court applied rule 6.10 of the *Family Law Rules 2004* (Cth) to make the appointment. This rule empowers the court to appoint a person to act as a case guardian for a party to proceedings. The court reasoned that such an appointment was necessary for the proper conduct of the proceedings concerning Mr Cross.

The court ordered that Mr B be appointed as case guardian for Mr Cross. Furthermore, the court ordered that the costs associated with the case guardian be paid from the income or property of Mr Cross. The matter was subsequently listed for directions on 29 July 2020.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

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