Ogilvy and Ogilvy

[2019] FamCA 877

FAMILY COURT OF AUSTRALIA

OGILVY & OGILVY [2019] FamCA 877

FAMILY LAW – PRACTICE AND PROCEDURE – Appointment of case guardian – Where appointment of case guardian for the wife is made by consent – Where appropriate for orders to be made appointing wife’s father as case guardian for the wife

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)

APPLICANT: Ms Ogilvy by her Case Guardian Mr C

RESPONDENT: Mr Ogilvy

FILE NUMBER: BRC 7538 of 2016

DATE DELIVERED: 18 February 2019

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Forrest J

HEARING DATE: 18 February 2019

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Jacobs
Rostron Carlyle Rojas Lawyers

SOLICITOR FOR THE RESPONDENT: Mr Phillips
Phillips Family Law

Orders

IT IS ORDERED BY CONSENT

1. That pursuant to rule 6.10 of the Family Law Rules 2004, Mr C be appointed as the Case Guardian for the Applicant, Ms Ogilvy in these proceedings.

2. That the costs and expenses of Mr C as Case Guardian, including the costs of this application, be paid by the applicant pursuant to rule 6.14 of the Family Law Rules 2004.

IT IS FURTHER ORDERED

1. That the matter be listed for trial before his Honour Justice Forrest over two days commencing at 10.00 am on Monday, 19 August 2019.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 7538 of 2016

Ms Ogilvy by her Case Guardian Mr C

Applicant

And

Mr Ogilvy

Respondent

REASONS FOR JUDGMENT

1. Satisfied that Mr C, the father of the applicant, Ms Ogilvy:

   a)is an adult;

   b)has no interest in the case that is adverse to the interest of his daughter, Ms Ogilvy;

   c)can fairly and confidently conduct the case for the person, Ms Ogilvy;

   d)has consented to act as her case guardian; and

   e)his daughter is a person with a disability in these proceedings;

   I order accordingly.

I certify that the preceding one (1) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Forrest delivered on 18 February 2019.

Associate: 

Date:  26 November 2019