Minzer and Hakin and Anor

In the matter of *Minzer and Hakin and Anor*, Bennett J of the Federal Circuit Court of Australia considered an application concerning the capacity of one of the parties to conduct proceedings and the listing of a hearing. The wife sought leave to withdraw her application for the husband to be assessed as to his capacity to conduct the case and whether he had a disability.

The primary legal issue before the court was the listing of the matter for hearing before the Senior Registrar, with the parties agreeing that the relief sought was within the Senior Registrar's jurisdiction. The court also addressed the filing and service of the husband's application and supporting affidavit, and the wife's response and supporting evidence.

Bennett J granted the wife leave to withdraw her application for the husband's assessment. The court ordered that the matter be listed before Senior Registrar FitzGibbon on 16 September 2014 for the hearing of the application, noting the parties' agreement on the Senior Registrar's jurisdiction. The husband was granted leave to file and serve his application and affidavit on that day, with the wife to file and serve her response and evidence by 10 September 2014. Costs for the day were reserved. The court also noted that mediation was scheduled for 12 September 2014, after which the parties were to advise the Assistant to Senior Registrar FitzGibbon whether a contested hearing on 16 September 2014 would be required.