Slaveski v Victoria

Case [2009] VSC 596


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

No. 8519 of 2006

LUPCO SLAVESKI Plaintiff
v
STATE OF VICTORIA AND OTHERS Defendants

---

JUDGE:

Kyrou J

WHERE HELD:

MELBOURNE

DATE OF HEARING:

4 and 14 December 2009

DATE OF JUDGMENT:

14 December 2009

CASE MAY BE CITED AS:

Slaveski v Victoria

MEDIUM NEUTRAL CITATION:

[2009] VSC 596

---

SELF-REPRESENTED PLAINTIFF WITH MENTAL ILLNESS – Appointment of litigation guardian.

PRACTICE AND PROCEDURE – Order 15, Supreme Court (General Civil Procedure) Rules 2005 – Appointment of litigation guardian – Applicable principles – Self-represented plaintiff ‘incapable by reason of … mental infirmity of managing his … affairs in relation to the proceeding’ – Expert psychiatric evidence – Appointment of plaintiff’s wife as litigation guardian – Dispensation of requirement that litigation guardian be legally represented. 


---

APPEARANCES:

Counsel Solicitors
The Plaintiff appeared in person
For the First Defendant Mr B Ihle Victorian Government Solicitor
For the Fifth Defendant Mr R Gipp Russell Kennedy

TABLE OF CONTENTS

Introduction and summary...................................................................................................... 1

Psychiatrists’ reports................................................................................................................. 1

The nature and effect of Mr Slaveski’s psychiatric illnesses........................................... 2
Mr Slaveski is not capable of managing his affairs in relation to this proceeding...... 3
Effect of appointment of a litigation guardian................................................................. 5
Control of the effects of Mr Slaveski’s illnesses through medication........................... 6

Options considered in light of the psychiatrists’ reports.................................................. 6

Appointment of a litigation guardian.................................................................................... 7

Order 15 of the Rules............................................................................................................ 7
Principles regarding appointment of a litigation guardian............................................ 9
Appointment of Mrs Slaveska as litigation guardian.................................................... 14
Concluding comments – special circumstances of this case......................................... 17

Proposed orders........................................................................................................................ 18

HIS HONOUR:

Introduction and summary

  1. This judgment should be read in conjunction with my judgment dated 24 September 2009,[1] which set out in detail various instances of inappropriate behaviour by the plaintiff during the first 22 days of the trial.  At the Court’s request, the plaintiff agreed to undergo an independent psychiatric assessment for the purpose of assisting the Court in deciding how to manage the further conduct of the proceeding. 

  1. The Court has received reports from an independent forensic psychiatrist, Dr Danny Sullivan, and a consultant psychiatrist, Dr R W Farnbach.  Dr Sullivan was selected by Public Interest Law Clearing House (‘PILCH’), which appeared through counsel on 22 September 2009 as a friend of the court, and was engaged by PILCH at the first defendant’s expense.  Dr Farnbach, who has previously treated Mr Slaveski, was engaged by Mr Slaveski. 

  1. In their reports, the psychiatrists agreed that Mr Slaveski suffers from psychiatric illnesses, although they did not entirely agree on the nature of those illnesses.  They each expressed the opinion that, as a result of his illnesses, Mr Slaveski is incapable of managing his affairs in relation to this proceeding.  All parties accepted this opinion.

  1. Mr Slaveski applied for an order that his wife, Snezana Slaveska, be appointed his litigation guardian.  Mrs Slaveska consented to the appointment and the defendants did not oppose the appointment. 

Continue reading Slaveski v Victoria

Sign in free to access the full text

Details
AGLC
Slaveski v Victoria [2009] VSC 596
Case
[2009] VSC 596
Decision Date

CaseChat Overview and Summary

The Supreme Court of Victoria was required to determine whether Snezana Slaveska could be appointed as a litigation guardian for Lupco Slaveski, who was representing himself in a case against the State of Victoria and others. The Court had to decide if Mr Slaveski was incapable of managing his affairs in relation to the proceeding due to his mental infirmity and whether Ms Slaveska was a suitable candidate for the role of litigation guardian. The Court also needed to consider the implications of appointing Ms Slaveska as a litigation guardian without legal representation.

The Court found that Mr Slaveski was indeed incapable of managing his affairs in relation to the proceeding due to his mental illnesses, which included generalized anxiety disorder, panic disorder, delusional disorder, and post-traumatic stress disorder. The Court accepted the opinions of two psychiatrists, Dr Danny Sullivan and Dr R W Farnbach, who both concluded that Mr Slaveski was incapable of managing his affairs in relation to the proceeding. The Court also determined that Ms Slaveska was an appropriate candidate for the role of litigation guardian, despite some reservations about her potential lack of independence from Mr Slaveski. The Court decided to appoint Ms Slaveska as Mr Slaveski's litigation guardian and to dispense with the requirement that she be legally represented, based on the unique circumstances of the case and the unavailability of any other suitable candidates. The Court emphasized that its decision should not be applied to other cases without considering the specific circumstances of each case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.