Nicoli and Versace and Ors

In *Nicoli and Versace and Ors*, Dawe J considered an application concerning the capacity of the wife to participate in proceedings. The dispute involved the wife's ability to represent herself or provide instructions to legal practitioners, necessitating an assessment of her mental capacity.

The primary legal issue before the court was whether the wife possessed the requisite capacity to conduct the proceedings or instruct legal representatives. This required the court to determine the appropriate steps to ensure the fairness of the proceedings, given potential concerns about her mental state.

Dawe J ordered that the wife file and serve a notice of change of name and address for service within seven days. Crucially, within fourteen days, she was also required to file and serve an affidavit accompanied by a medical certificate from a qualified medical practitioner. This certificate was to confirm her ability and mental capacity to represent herself or provide proper instructions. The court noted that both Dawe J and Berman J were disqualified from further hearing the matter, and consequently, the proceedings would be heard by another Judicial Officer on a date to be advised.