Farrar v Houlton

Farrar was a plaintiff in a proceeding in the Federal Circuit Court of Australia. Farrar was under a legal incapacity and was represented in the proceeding by a tutor appointed under the Federal Circuit Court of Australia Rules. After the proceeding had been running for some time, Farrar claimed that he had obtained legal capacity and was therefore able to give instructions to a solicitor to act as his legal representative in the proceeding. Farrar applied for the removal of the tutor. The defendant in the proceeding, Houlton, opposed the application. The court had to determine whether Farrar was capable of giving instructions in the proceeding and whether, if he was so capable, his tutor should be removed.
The court found that Farrar had obtained legal capacity. It found that he was capable of giving instructions to his solicitor. It held that, as Farrar had obtained legal capacity, his tutor should be removed from the proceeding. The court removed the tutor and ordered that Farrar’s solicitor should act as his legal representative in the proceeding.