DAWSON & BEASLEY

[2015] FCCA 480

FEDERAL CIRCUIT COURT OF AUSTRALIA

DAWSON & BEASLEY [2015] FCCA 480

Catchwords:
FAMILY LAW – Practice and procedure – Litigation Guardian – where applicant in need of a litigation guardian – whether rules relating to the appointment of a litigation guardian should be waived.

Legislation:

Federal Circuit Court Rules 2001, rr.1.03(1), 1.06, 11.08(1), 11.09(1), 11.11(1), 11.11(2), 11.12(1), 11.12(2), 11.12(4)

Guardianship and Administration Act 2000(Qld), ss.12, 33(1), 34, 174(1), 176

Cases cited:

Crockett v Roberts [2000] TASSC 148
Deputy Commissioner of Taxation v P (1987) 11 NSWLR 200
Deputy Commissioner of Taxation South v Northern Sydney Area Health Goddard Elliot (a firm) v Fritsch [2012] VSC 87
L v Human Rights and Equal Opportunity Commission [2006] FCAFC 114
Masterman-Lister v Brutton & Co (Nos 1 and 2) [2003] 1 WLR 1551
Marsden & Winch [2009] FamCAFC 152
South v Northern Sydney Area Health Service [2003] NSWSC 479
SFTB v Minister for Immigration [2003] FCAFC 108

Applicant: MR DAWSON

Respondent: MS BEASLEY

File Number: BRC 6584 of 2012

Judgment of: Judge Jarrett

Hearing date: 10 March 2014

Date of Last Submission: 10 March 2014

Delivered at: Brisbane

Delivered on: 3 March 2015

REPRESENTATION

The Applicant appeared in person

Counsel for the Respondent: Mr J Allen

Solicitors for the Respondent: Legal Aid Queensland

Counsel for the Independent Children's Lawyer: Ms Oakley

Solicitors for the Independent Children's Lawyer: Norman & Kingston

ORDERS

1. The application made by Legal Aid Queensland on 23 December, 2013 be dismissed.

2. All outstanding applications are adjourned to 7 April 2015 at 9.30 a.m. for further directions in the Federal Circuit Court of Australia sitting at Brisbane.

IT IS NOTED that publication of this judgment under the pseudonym Dawson & Beasley is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRC 6584 of 2012

MR DAWSON

Applicant

And

MS BEASLEY

Respondent

REASONS FOR JUDGMENT

1. Ms Beasley is the mother of [X], who was born [omitted] 2003.

   
   

   Mr Dawson is [X]’s father.  Ms Beasley and Mr Dawson are engaged in litigation concerning parenting orders for [X].

2. However, the parties agree that Ms Beasley is a person to whom a litigation guardian would ordinarily be appointed pursuant to rule 11.11(1) of the Federal Circuit Court Rules 2001.  She has an acquired brain injury arising from a cardiac event that she experienced in December, 2011.

3. Such is her capacity that on 31 May, 2012 the Queensland Civil and Administrative Tribunal appointed the Adult Guardian as a substituted decision maker for Ms Beasley in relation to personal matters, including legal matters (but not including financial or property matters) pursuant to the provisions of the Guardianship and Administration Act 2000 (Qld). That initial appointment was for one year, but on 28 May, 2013 it was extended for a further two years.

4. These reasons relate to an application made orally on 23 December, 2013 by counsel instructed by Legal Aid Queensland as solicitors for Ms Beasley to dispense with so many of the…