Forster & Forster & Anor

The matter of *Forster & Forster & Anor* concerned an application by the husband against the litigation guardian appointed to him, which was heard by Dawe J. The core of the dispute revolved around the husband's attempt to seek damages from his litigation guardian.

The primary legal issue before the Court was whether it possessed the jurisdiction to entertain the husband's application against his litigation guardian. A secondary issue arose concerning the wife's application for costs, specifically whether the circumstances warranted a costs order against the husband, taking into account the factors stipulated in section 117(2A) of the *Family Law Act 1975* (Cth).

Dawe J determined that the Court lacked the necessary jurisdiction to consider the husband's application against his litigation guardian, leading to its dismissal. In relation to costs, the Court found that the husband's complete lack of success in his application, coupled with his concession that the matter was "moot," justified making a costs order in favour of the wife.

Consequently, the husband's application was dismissed, and he was ordered to pay the wife's costs of and incidental to that application in the sum of $350.00. Leave was also granted to the Public Trustee to intervene, and certain prior orders concerning the Public Trustee were set aside.