Gemelli and Pullano

In proceedings before Loughnan J, the parties, Gemelli and Pullano, sought final orders in relation to property settlement and spousal maintenance. The hearing previously scheduled for 1 and 2 September 2016 was vacated.

The court was required to determine the fitness of the wife to conduct the proceedings, given a psychologist's memorandum expressing doubt about her capacity. If the wife was found unfit, the court would need to consider the appointment of a case guardian who would consent to act, have no adverse interest, and be able to conduct the case competently. The court also needed to address the valuation of a property at B Street, Town C, Country A, and the preparation of a memorandum detailing areas of agreement and disagreement regarding its value.

Loughnan J ordered that the proceedings be listed for a final hearing on 19 September 2016 before Justice Stevenson. The wife was directed to file and serve an Amended Application for Final Orders within seven days, detailing her property settlement and spousal maintenance claims. The court also made specific directions regarding the valuation of the B Street property, requiring the wife to notify the husband's solicitors if she intended to rely on a valuation other than the one annexed to her affidavit. Further orders stipulated the wife's cooperation in executing an authority for the husband's solicitors to communicate with any valuer she engaged, and the joint preparation of a memorandum outlining valuation agreements and disagreements. Crucially, the court mandated that evidence of the wife's fitness to conduct the proceedings, or the appointment of a suitable case guardian, must be presented at the commencement of the new hearing. The question of costs for the vacated hearing was reserved.