Shaw v Leist

In the matter of *Shaw v Leist*, heard by Lucev J, the dispute concerned the capacity of Lloyd Leist to conduct proceedings or provide adequate instructions for their conduct. Mr Shaw was the applicant and Mr Leist was the respondent.

The court was required to determine whether it was appropriate to appoint a litigation guardian for Mr Leist. This involved assessing Mr Leist's physical and cognitive capacity to participate in the proceedings, the suitability of Clayton Leist (Mr Leist's son) to act as litigation guardian, and whether the appointment would cause prejudice to Mr Shaw.

Lucev J reasoned that Mr Leist was not capable of adequately conducting the proceedings or giving instructions due to his poor physical health and cognitive difficulties stemming from medication. The court found Clayton Leist to be a suitable candidate, noting he held a valid power of attorney, had no adverse interests, and had consented to the role. The court also considered that Mr Shaw did not oppose the appointment and would not suffer significant prejudice as he was legally represented. Consequently, the court ordered pursuant to Rule 11.11 of the Federal Circuit Court Rules 2001 (Cth) that Clayton Leist be appointed as the litigation guardian for Lloyd Leist, with his costs to be paid from Mr Leist's assets. The matter was then listed for directions.