IBSEN & IBSEN

In the matter of *Ibsen & Ibsen*, the Federal Circuit Court of Australia considered an application for the appointment of a litigation guardian. The dispute concerned the capacity of one of the parties to conduct litigation.

The central legal issue before the Court was whether it was necessary to appoint a litigation guardian for a party pursuant to Rule 11.11 of the *Federal Circuit Court Rules 2001* (Cth). This rule governs the appointment of litigation guardians for persons who are under a disability.

Kari J applied the principles established in case law regarding the assessment of a party's capacity to understand the nature and consequences of the proceedings, and to instruct their legal representatives. The Court considered evidence relating to the party's medical condition and its impact on their ability to participate effectively in the litigation. The Court determined that the party lacked the requisite capacity and that the appointment of a litigation guardian was therefore necessary to ensure the proper conduct of the proceedings and the protection of the party's interests.

The Court ordered that a litigation guardian be appointed for the party.