Peter and Elspeth (No. 2)

In *Peter and Elspeth (No. 2)*, Brown J of the Family Court of Australia considered applications and contravention proceedings between the parties. The proceedings involved a dispute concerning the wife's capacity to participate in litigation, specifically her ability to provide instructions to legal practitioners, attend court hearings, and give oral evidence under cross-examination.

The court was required to determine whether the wife possessed the capacity to be directly involved in the litigation process, given her then current diagnosis, treatment, and prognosis. This determination was central to the progression of various applications and contravention proceedings filed by both the husband and the wife.

Brown J ordered that the wife file and serve expert evidence addressing her capacity to engage in the litigation process, including the specific requirements of instructing legal practitioners, attending court, and giving evidence. The court adjourned the remaining applications and contravention proceedings to a later date, pending the filing of this expert evidence. The court also made directions regarding the transcription of its reasons and the attendance of counsel.