Flemming

In a proceeding before Benjamin J of the Family Court of Australia, Ms Flemming sought orders appointing her as legal guardian for three children, B, G, and H, in relation to specific sums of money held for each child by C Insurance Company. The dispute concerned the appropriate mechanism for protecting these funds for the benefit of the children.

The primary legal issue before the court was whether to grant Ms Flemming's application for appointment as legal guardian under section 111CK of the *Family Law Act 1975* (Cth) and to define the powers and responsibilities of such a guardianship in relation to the funds. The court was required to determine the terms of the guardianship, including how the funds should be held, managed, and ultimately distributed to the children.

Benjamin J reasoned that appointing Ms Flemming as legal guardian was an appropriate property protection measure under section 111CK of the *Family Law Act 1975* (Cth). The court ordered that Ms Flemming be appointed as the legal guardian for each child in respect of the approximately $43,798.44 held for each. The court further detailed the guardian's powers, including holding the sums in trust for each child, paying the capital and accumulated interest upon each child attaining the age of eighteen years, and administering the trusts in accordance with the *Trustees Act 1962* (WA), subject to the court's further orders. The guardian was also permitted to apply for further orders and was directed to file an affidavit detailing payments made to each child after they reached eighteen.