FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Hallan & Alvery (No 2) [2025] FedCFamC1F 366
File number(s): MLC 11373 of 2023 Judgment of: CARTER J Date of judgment: 3 June 2025 Catchwords: FAMILY LAW – LITIGATION GUARDIAN – Where the husband seeks that a litigation guardian be appointed for the wife – Where the wife has been psychiatrically assessed – Where both limbs of rule 3.12(1) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) are engaged – Where the wife failed to nominate an appropriate person to be appointed – Litigation guardian appointed. Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 3.12, 3.14, 3.15 Cases cited: L v Human Rights and Equal Opportunity Commission (2006) 233 ALR 432 Division: Division 1 First Instance Number of paragraphs: 26 Date of hearing: 2 June 2025 Place: Melbourne Counsel for the Applicant: Mr Dickson KC and Ms Swann Solicitor for the Applicant: Lander & Rogers Counsel for the Respondent: Litigant in Person Counsel for the Independent Children's Lawyer: Ms Kildea Solicitor for the Independent Children's Lawyer: Victoria Legal Aid ORDERS
MLC 11373 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR HALLAN
Applicant
AND: MS ALVERY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
CARTER J
DATE OF ORDER:
3 JUNE 2025
THE COURT ORDERS THAT:
1.Pursuant to Rule 3.15 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (“the Rules”), Ms D of E Lawyers of F Street, Town G in the State of Victoria be appointed as litigation guardian for the wife, MS ALVERY born in 1992.
2.As soon as reasonably practicable or within fourteen days of this order, the husband’s legal representative serve a copy of this order on the litigation guardian for the wife, Ms D of E Lawyers of F Street, Town G in the State of Victoria.
3.The costs and expenses of the litigation guardian be paid by the wife at first instance and the question of the husband’s contributions, if any, to the costs of the litigation guardian be reserved to the final hearing.
4.The litigation guardian be and is hereby authorised to communicate with, request information from and provide information to (verbally or in writing) any institutions necessary to competently conduct the proceedings on behalf of the wife, including but not limited to the following:
(a)banking and financial institutions;
(b)medical practitioners who have treated the wife;
(c)legal practitioners, law firms and conveyancers who have acted for the wife; and
(d)Single Experts appointed in these proceedings.
AND this order shall stand as such authority and may be provided by the litigation guardian to any of the entities referred to in Orders 4(a) to 4(d) hereof.
5.The litigation guardian is hereby authorised to provide a copy of these orders to any of the entities referred to in Order 4 hereof.
6.The parties attend private mediation for parenting and property, with the husband…
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- Case
- [2025] FedCFamC1F 366
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether a litigation guardian should be appointed for the wife, and if so, who should be appointed to the role. The court considered the psychiatric assessment of the wife, her failure to nominate a suitable person to act as her litigation guardian, and the relevant provisions of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). The court found that both limbs of rule 3.12(1) applied and that it was appropriate to appoint a litigation guardian for the wife. The court held that Ms D of E Lawyers of F Street, Town G in the State of Victoria, was a suitable candidate for the role of litigation guardian for the wife.
The court ordered that Ms D of E Lawyers of F Street, Town G in the State of Victoria, be appointed as the litigation guardian for the wife, Ms Alvery. The court also ordered that the husband’s legal representative serve a copy of the order on the litigation guardian as soon as reasonably practicable or within fourteen days of the order. The court further ordered that the costs and expenses of the litigation guardian be paid by the wife at first instance, with the question of the husband’s contributions, if any, to the costs of the litigation guardian being reserved to the final hearing. The litigation guardian was authorised to communicate with, request information from, and provide information to various institutions necessary to competently conduct the proceedings on behalf of the wife. The parties were also ordered to attend private mediation for parenting and property, with the husband and the wife to equally meet the costs of the mediator, and the mediation to occur on or before 4 August 2025. The husband was required to nominate three appropriately accredited mediators, and the litigation guardian was to select a mediator from the list provided by the husband within seven days. The husband’s application in a proceeding and the wife’s response to the application in a proceeding were dismissed. The matter remained listed for final hearing on 27 October 2025 at 10.00 am.
Orders
Orders of the court
MLC 11373 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR HALLAN
Applicant
AND:
MS ALVERY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
CARTER J
DATE OF ORDER:
3 JUNE 2025
THE COURT ORDERS THAT:
1. Pursuant to Rule 3.15 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (“the Rules”), Ms D of E Lawyers of F Street, Town G in the State of Victoria be appointed as litigation guardian for the wife, MS ALVERY born in 1992.
2. As soon as reasonably practicable or within fourteen days of this order, the husband’s legal representative serve a copy of this order on the litigation guardian for the wife, Ms D of E Lawyers of F Street, Town G in the State of Victoria.
3. The costs and expenses of the litigation guardian be paid by the wife at first instance and the question of the husband’s contributions, if any, to the costs of the litigation guardian be reserved to the final hearing.
4. The litigation guardian be and is hereby authorised to communicate with, request information from and provide information to (verbally or in writing) any institutions necessary to competently conduct the proceedings on behalf of the wife, including but not limited to the following:
(a) banking and financial institutions;
(b) medical practitioners who have treated the wife;
(c) legal practitioners, law firms and conveyancers who have acted for the wife; and
(d) Single Experts appointed in these proceedings.
AND this order shall stand as such authority and may be provided by the litigation guardian to any of the entities referred to in Orders 4(a) to 4(d) hereof.
5. The litigation guardian is hereby authorised to provide a copy of these orders to any of the entities referred to in Order 4 hereof.
6. The parties attend private mediation for parenting and property, with the husband and the wife to equally meet the costs of the mediator and such mediation to occur on or before 4 August 2025.
7. For the purposes of the mediation if the parties do not otherwise agree, on or before 3 July 2025 the husband nominate three appropriately accredited mediators and the litigation guardian select a mediator from the list provided by the husband within seven days.
8. The husband’s Application in a Proceeding filed 23 May 2025 and the wife’s Response to Application in a Proceeding filed 30 May 2025 be otherwise dismissed.
AND THE COURT NOTES THAT:
A. The matter remains listed for final hearing on 27 October 2025 at 10.00 am.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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