Stellard and Dresdon-Stellard

In the matter of *Stellard and Dresdon-Stellard*, O’Reilly J considered applications by both the husband and wife. The wife had filed an application on 28 May 2010, and the husband had filed applications on 8 June 2010 and 5 October 2010. The proceedings involved the appointment of a case guardian for the wife and the dismissal of certain applications.

The primary legal issues before the court were whether a case guardian should be appointed for the wife, and if so, who that guardian should be. The court also had to determine the fate of the balance of the applications filed by both parties on 28 May 2010 and 8 June 2010, and how the husband's application filed on 5 October 2010 should proceed.

O’Reilly J dispensed with the necessity for the wife to file a formal response opposing the appointment of a case guardian, but ordered that JS be appointed as case guardian for the wife, provided he filed a written consent to act by a specified date. If JS did not consent, Peter Sheehy, Solicitor, was to be appointed as case guardian, with that order operating as a self-executing order. The court then dismissed the balance of the wife’s application filed on 28 May 2010 and the balance of the husband’s application filed on 8 June 2010. The husband's application filed on 5 October 2010 was listed for hearing on 9 December 2010, with the parties directed to endeavour to resolve the subject matter of that application by consent orders. The costs of the applications filed on 28 May 2010 and 8 June 2010 were reserved to the trial judge.