Valdo & Samburg

In the matter of *Valdo & Samburg*, heard before Judge Kari in the Federal Circuit Court of Australia, the applicant, Ms Valdo, and the respondent, Mr Samburg, were involved in proceedings where the Public Trustee had declined to act as a litigation guardian for the respondent. Consequently, the Court requested the Commonwealth Attorney-General's Department to expedite the appointment of a litigation guardian.

The primary legal issue before the Court was whether the respondent required a litigation guardian and, if so, how such an appointment should be facilitated, particularly given the Public Trustee's refusal to act. The Court also considered the necessary steps to ensure the appointed guardian had access to relevant court documents and orders.

Applying sub-rule 11.08(1) of the Federal Circuit Court Rules 2001, Judge Kari declared that the respondent indeed required a litigation guardian. Pursuant to sub-rule 11.11(1), the Court forthwith appointed a litigation guardian for the respondent. Further, under sub-rule 11.12(3), the Court requested the Attorney-General to appoint a person to manage the respondent's affairs for the purpose of this litigation guardianship. Leave was granted under rule 2.08 for the relevant officers of the Attorney-General's Department and any appointed manager to receive copies of all court documents, orders, and transcripts. The Public Trustee was to be provided with a copy of the orders and reasons for judgment and would be excused from further participation unless appointed as manager of the respondent's affairs. The proceedings were adjourned for a mention hearing to be conducted by telephone conference.