Harris and Harris and Anor

FAMILY COURT OF AUSTRALIA

HARRIS & HARRIS AND ANOR [2017] FamCAFC 221

FAMILY LAW – PRACTICE AND PROCEDURE – Where there is an application to appoint a case guardian pursuant to r 6.10 of the Family Law Rules 2004 (Cth) - Where the applicant is the cross-second respondent in appeal proceedings that are part heard – Where the applicant has a clinical diagnosis of cognitive impairment and currently requires assistance with decision-making – Where the application is granted with costs paid on an indemnity basis by the applicant.

Family Law Rules 2004 (Cth) rr 6.09, 6.10

APPLICANT:	Mr A Harris
FIRST RESPONDENT:	Mr Harris

SECOND RESPONDENT: Ms Dewell

FILE NUMBER: SYC 5809 of 2011

APPEAL NUMBER: EA 194 of 2016

DATE DELIVERED: 13 September 2017

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Johnston J

HEARING DATE: 13 September 2017

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 4 November 2016

LOWER COURT MNC: [2016] FamCA 938

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Milevski Family Lawyers

SOLICITOR FOR THE FIRST RESPONDENT: Horton Rhodes Legal

SOLICITOR FOR THE SECOND RESPONDENT: Karras Partners Lawyers

Orders

1. That orders be made in accordance with paragraphs 1 and 2 of the Application in an Appeal filed on 4 September 2017 as set out hereunder:

   1.That pursuant to Rule 6.10(1) of the Family Law Rules, Ms R Harris be appointed as the Case Guardian of the Applicant/Cross-Second Respondent, Mr A Harris in these proceedings.

   2.That the costs of Ms R Harris as the appointed Case Guardian in these proceedings, including this application, be paid on an indemnity basis from the income or property of the Applicant/Cross-Second Respondent.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Harris & Harris & Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

IN THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 194 of 2016
File Number: SYC 5809 of 2011

Mr A Harris

Applicant

And

Mr Harris
First Respondent

And

Ms Dewell

Second Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This is an application in an appeal for the appointment of a case guardian for one of the parties in these appeal proceedings, Mr A Harris.  Mr A Harris is the cross-second respondent in the appeal proceedings.  The appeal proceedings are currently part heard.  The order sought is that Ms R Harris be appointed as the case guardian of Mr A Harris.  There is also another order sought, being that the costs of the case guardian be paid on an indemnity basis…