FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Krupi & Krupi (No 4) [2023] FedCFamC2F 1479
File number(s): CAC 664 of 2022 Judgment of: JUDGE MANSFIELD Date of judgment: 16 November 2023 Catchwords: FAMILY LAW – Parenting – Where the Independent Children’s Lawyer applied for the appointment of a Litigation Guardian for the Respondent Mother – Where the Applicant Father supported the application – Where the Mother opposed the appointment – Where the Court considered the capacity of the Mother to understand the nature and consequences of the proceedings – Application for appointment dismissed Legislation: Family Law Act1975 ss 69ZN, 69ZX, 101, 102D, 102E, 102NA
Federal Circuit and Family Court of Australia Act2021 s 190
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rr 3.12, 3.14, 3.16
Cases cited: Allesch v Maunz [2000] HCA 40
Forster & Forster [2012] FamCAFC 47
Gaddy v Gaddy [2022] FedCFamC2F 1544
Oliver & Gall [2008] FMCAfam 164
Division: Division 2 Family Law Number of paragraphs: 31 Date of last submissions: 15 November 2023 Date of hearing: 15 November 2023 Place: Canberra Solicitor for the Applicant: Hijazi Curran Cameron Lawyers Respondent: Self-represented Counsel for the ICL: Ms Harders Independent Children’s Lawyer: Legal Aid ACT ORDERS
CAC 664 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR KRUPI
ApplicantAND: MS KRUPI
RespondentAND: INDEPENDENT CHILDREN’S LAWYER
ORDER MADE BY:
JUDGE MANSFIELD
DATE OF ORDER:
16 NOVEMBER 2023
THE COURT ORDERS THAT:
1.The oral Application in a Proceeding brought by the Independent Children’s Lawyer on 15 November 2023 is hereby dismissed.
2.The final hearing is to proceed as listed and is to be conducted pursuant to the trial plan that shall be transmitted to the parties herewith.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
JUDGE MANSFIELD
These are ex-tempore reasons for Orders made following an application by the Independent Childrens Lawyer, supported by the father, that the mother is a person in need of a litigation guardian.
INTRODUCTION
For the mother’s sake, for the father’s sake, and above all else for X’s sake, these proceedings need to end and this is the forum in which that needs to happen. It is common ground that…
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- AGLC
- Krupi & Krupi (No 4) [2023] FedCFamC2F 1479
- Case
- [2023] FedCFamC2F 1479
- Decision Date
CaseChat Overview and Summary
The Court assessed the evidence regarding Ms Krupi's capacity to comprehend and engage with the proceedings. It took into account the reports and testimonies provided by experts and the observations made during the hearing. Ultimately, the Court found that Ms Krupi's understanding and capacity were adequate to allow her to participate in the proceedings without the need for a Litigation Guardian. The Court's decision was based on the premise that the Mother could sufficiently comprehend the nature and consequences of the proceedings and engage in the decision-making process without additional assistance. Consequently, the application for the appointment of a Litigation Guardian was dismissed.
In its orders, the Court dismissed the oral application brought by the Independent Children's Lawyer and directed that the final hearing proceed as scheduled. The Court mandated that the hearing be conducted according to the trial plan that would be transmitted to the parties. This decision ensures that the proceedings continue without the appointment of a Litigation Guardian, allowing Ms Krupi to participate fully in the process.
Orders
Orders of the court
CAC 664 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR KRUPI
Applicant
AND:
MS KRUPI
Respondent
AND:
INDEPENDENT CHILDREN’S LAWYER
ORDER MADE BY:
JUDGE MANSFIELD
DATE OF ORDER:
16 NOVEMBER 2023
THE COURT ORDERS THAT:
1. The oral Application in a Proceeding brought by the Independent Children’s Lawyer on 15 November 2023 is hereby dismissed.
2. The final hearing is to proceed as listed and is to be conducted pursuant to the trial plan that shall be transmitted to the parties herewith.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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