Masters and Parsons & Ors

Case [2013] FamCA 916


FAMILY COURT OF AUSTRALIA

MASTERS & PARSONS AND ORS

[2013] FamCA 916

FAMILY LAW – APPOINTMENT OF A CASE GUARDIAN – property settlement proceedings – physical incapacity - application by the wife for the appointment of a case guardian - whether a case guardian should be appointed – whether husband is fit and able to give instructions - where husband’s physical health is considered

Family Law Rules (Cth) 2004 – R.  6.08

APPLICANT:

Ms Parsons

RESPONDENT:

Mr Masters

FIRST INTERVENERS:

Anthony Arnold Cheney & Peter Neil Wilson

SECOND INTERVENER: 

Mr H

FILE NUMBER:

SYF

3340

of

2006

DATE DELIVERED:

26 November 2013

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Loughnan J

HEARING DATE:

13 November 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Batey

SOLICITOR FOR THE APPLICANT:

Champion Legal

RESPONDENT HUSBAND IN PERSON:

Mr Masters

FIRST INTERVENERS:

No appearance (excused)

SECOND INTERVENER:

No appearance (excused)

Orders

IT IS ORDERED

  1. As to the orders sought at paragraphs (6)(1) and (2) of the wife’s Application in a Case filed 31 July 2013, the application is dismissed.

  2. The proceedings shall be listed on a date convenient to all parties for directions in relation to all outstanding interlocutory issues and leave is granted to any party to attend on that date by telephone.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Masters and Parsons and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 3340 of 2006

Ms Parsons

Applicant Wife

And

Mr Masters

Respondent Husband

Anthony Arnold Cheney and Peter Neil Wilson

First Interveners

Mr H

Second Intervener

REASONS FOR JUDGMENT

INTRODUCTION

  1. These are contested proceedings for the appointment of a case guardian for the husband for the purposes of proceedings which involve settlement of property between husband and wife and related litigation involving third parties. 

  2. The wife seeks and the husband opposes the appointment of a case guardian for him.  The substantive proceedings involve third parties who do not wish to be heard in relation to this issue and who were excused for the purposes of this interlocutory hearing.

  3. The wife’s application is without merit and will be dismissed for the following reasons.

THE HEARING

  1. On 20 September 2013 an order was made fixing the matter for hearing of the wife’s application for the appointment of a case guardian for the husband on 13 November 2013.  The order appointing the hearing also referred to the hearing of any application for interim costs filed and served within seven days from 20 September 2013.  No such application was filed although on 5 November 2013 the husband did file an application seeking interim costs, among other orders. 

  2. On 12 November 2013, the matter was briefly mentioned at the husband’s request pursuant to a direction I had made that any party who became aware of something that would prevent the hearing commencing or being completed on 13 November 2013, should…

Continue reading Masters and Parsons & Ors

Sign in free to access the full text

Details
AGLC
Masters and Parsons & Ors [2013] FamCA 916
Case
[2013] FamCA 916
Decision Date

CaseChat Overview and Summary

In the Family Court of Australia, Justice Loughnan considered an application by the wife for the appointment of a case guardian for the husband in property settlement proceedings. The wife's application was based on concerns regarding the husband's physical health and his alleged inability to give instructions.

The central legal issue before the Court was whether the husband was fit and able to give instructions, and consequently, whether a case guardian should be appointed to represent his interests in the ongoing property settlement proceedings.

Justice Loughnan dismissed the wife's application for the appointment of a case guardian. The Court found that the husband was sufficiently fit and able to give instructions, despite his physical health considerations. The Court did not consider it necessary to appoint a case guardian in these circumstances.

The proceedings were subsequently listed for directions regarding outstanding interlocutory issues, with leave granted for any party to attend by telephone.

Orders

Orders of the court

IT IS ORDERED

1.

As to the orders sought at paragraphs (6)(1) and (2) of the wife’s Application in a Case filed 31 July 2013, the application is dismissed.

2.

The proceedings shall be listed on a date convenient to all parties for directions in relation to all outstanding interlocutory issues and leave is granted to any party to attend on that date by telephone.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.