Dobkowski & Dobkowski

Case [2022] FedCFamC2F 369


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Dobkowski & Dobkowski [2022] FedCFamC2F 369

File number(s): SYC 6392 of 2019
Judgment of: JUDGE MORLEY
Date of judgment: 3 March 2022
Catchwords: FAMILY LAW – procedure – application for a litigation guardian – application for release of funds – application for costs.
Legislation:

Family Law Act 1975 (Cth)

Family Law Rules 2004 (Cth)

Federal Circuit and Family Court of Australia Family Law Rules 2021 (Cth)

Cases cited:

Bevan & Bevan (2013) 279 FLR 1

Candlin & Candlin [2017] FCCA 2211

Dalle-Molle by his Next Friend Public Trustee v Manos & Anor [2004] SASC 102

Dennison & Dennison [2021] FCCA 2039

Goddard Elliot & Fritsch [2012] VSC 87

Marin & Salmon [2013] FamCAFC 88

Nsair & Gyaw and Anor [2018] FamCA 418

Remington & Remington [2021] FedCFamC2F 99

Stanford & Stanford (2012) 247 CLR 108

Strahan & Strahan (2009) 241 FLR 1

Division: Division 2 Family Law
Number of paragraphs: 110
Date of hearing: 2 March 2022
Place: Sydney
Counsel for the Applicant: Ms Cantrall
Solicitor for the Applicant: Eden King Lawyers Pty Ltd
Solicitor for the Respondent: Mr Vaughan of Michael Vaughan & Co Solicitors

ORDERS

SYC 6392 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR DOBKOWSKI

Applicant

AND:

MS DOBKOWSKI

Respondent

ORDER MADE BY:

JUDGE MORLEY

DATE OF ORDER:

3 MARCH 2022

THE COURT ORDERS THAT:

1.A litigation guardian be appointed pursuant to Rule 3.12 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (‘the Rules’) for the Respondent Wife MS DOBKOWSKI born in 1943 (‘the Wife’) in these proceedings.

2.Pursuant to Rule 3.16(3) of the Rules, the Attorney-General for the Commonwealth is requested to exercise the Attorney-General’s powers in relation to Rule 3.16(4) in her discretion to appoint in writing a person to be a manager of the affairs of the Wife in these proceedings.

3.Pursuant to Rule 15.13, leave is granted to any litigation guardian appointed in writing by the Attorney-General for the Commonwealth pursuant to the request in these orders to have a copy of all Court documents filed in these proceedings together with a copy of all orders made in these proceedings.

4.Within seven (7) days, the parties are to do all things and sign all documents necessary to release

(a)The sum of $25,000 from the Commonwealth Bank of Australia with account number …67 to the Husband and the Husband is ordered to forthwith upon receipt of such sum pay the whole of that sum of $25,000 to the B Aged Care for the Wife’s outstanding debt for accommodation customer number …; and

(b)The sum of $25,000 from the Commonwealth Bank of Australia with account number …68 to the Husband (or his nominee) for the payment of his legal fees, his legal fees to be incurred, and other living expenses.

5.That each party pay his or her own costs of these interim proceedings.

6.The proceedings are listed for further mention and directions at 9:30AM on…

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AGLC
Dobkowski & Dobkowski [2022] FedCFamC2F 369
Case
[2022] FedCFamC2F 369
Decision Date

CaseChat Overview and Summary

The case of Dobkowski & Dobkowski is an application for interim orders made by the husband in the context of a property settlement matter between the parties. The husband sought orders that a litigation guardian be appointed for the wife, that sums of money be released from two bank accounts, and that the wife pay his costs. The wife opposed the husband's application in its entirety. The Court made orders appointing a litigation guardian for the wife, releasing sums of money from the bank accounts, and ordered that each party bear their own costs. The Court found that the wife was not capable of understanding the nature and possible consequences of the proceedings, or adequately conducting or giving adequate instructions for the conduct of the proceedings. The Court found that it was in the interests of justice to release sums of money from the bank accounts for the purposes of the wife's outstanding debt for accommodation and the husband's legal fees and living expenses.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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