Ganesh and Ganesh

In the matter of *Ganesh and Ganesh*, the Honourable Justice Hannam considered the appointment of a case guardian for a mother with a disability. The proceedings involved an application for orders concerning the mother's personal and financial affairs, where her capacity to manage these matters was in question.

The central legal issue before the Court was the availability of a suitable person to be appointed as a case guardian for the mother, as required by the Family Law Rules. The Court was tasked with determining whether an appropriate individual could be identified and appointed to represent the mother's interests throughout the proceedings.

Justice Hannam noted the difficulty in finding a suitable person for the role of case guardian. Consequently, the Court ordered that the Attorney-General be requested to nominate a person to act as case guardian. If a nominated person consented to act, they were required to comply with specific rules regarding their appointment within 14 days. The Court also directed that a short judgment detailing the non-availability of a suitable person would be provided to the Attorney-General. Further orders stipulated that once a case guardian was appointed, they were to participate in Family Dispute Resolution convened by the Independent Children’s Lawyer. If the matter was resolved, the Independent Children’s Lawyer could forward consent orders. If no agreement was reached, the matter could be relisted for trial directions.