KIRBEY & KIRBEY

In the matter of *Kirbey & Kirbey*, heard before Bennett J, the proceedings concerned an application relating to a final hearing scheduled for 19 October 2016. The specific nature of the underlying dispute between the parties, identified as the husband and wife, is not detailed in the provided text, beyond the fact that the husband's legal representative intended to seek the appointment of a case guardian for him.

The court was required to determine whether to vacate the final hearing, how to manage the future listing of the proceedings, and the disposition of costs. Additionally, the court needed to consider the admission and retention of a medical practitioner's letter as an exhibit.

Bennett J ordered that the final hearing be vacated and that the proceedings be removed from the judge's docket to be placed in the list of cases awaiting judicial allocation. This decision was made in light of the husband's lawyer's intention to apply for a case guardian. The court also ordered that the costs of both parties be reserved and directed that a letter from Dr B, dated 14 October 2016, be marked as Exhibit "H1" and retained on the court file. The judge's reasons for these decisions were to be transcribed and placed on the court file once settled.