TOSCANI & TOSCANI

In the matter of *Toscani & Toscani*, Johns J of the Family Court of Australia considered an application for the appointment of a case guardian for the respondent husband. The wife sought the appointment of a case guardian on the basis that the husband lacked the capacity to make decisions and understand the proceedings before the court. The application was not opposed by the husband.

The central legal issue before the court was whether to appoint a case guardian for the respondent husband pursuant to rule 6.10 of the *Family Law Rules 2004* (Cth). This rule permits the court to appoint a case guardian for a party who lacks the capacity to conduct proceedings.

Johns J found that the husband lacked the requisite capacity to understand the proceedings and make decisions concerning them. Applying rule 6.10, the court determined that the appointment of a case guardian was appropriate in the circumstances. The court also considered the costs associated with the appointment, ordering that the husband bear these expenses pursuant to rule 6.14 of the Rules.

Consequently, Johns J ordered the appointment of Mr B as Case Guardian for the respondent husband. The court further ordered that the costs and expenses of the Case Guardian, including those of the application, be met by the respondent husband. The application in a case filed on 24 July 2019 was otherwise dismissed.