VESEY & VESEY

This matter came before Bennett J in the Family Court of Australia concerning proceedings for the alteration of property interests between Mr Vesey (the husband) and his wife. The husband had passed away on 13 October 2011, and Mr Mark Parker, who had previously been appointed as case guardian for the husband, sought to be excused from further appearance in that capacity.

The court was required to determine the appropriate orders to make following the husband's death and the prior appointment of a case guardian. Specifically, the court needed to address the continuation of the property proceedings, the role of the case guardian, and the future management of any applications within the case.

Bennett J noted that Mr Parker's appointment as case guardian was an agreed outcome, made without specific reasons being recorded. The court acknowledged the subsequent appointment of an administrator for the husband's estate by VCAT. In light of the husband's passing and the existing administration of his estate, Bennett J ordered that Mr Parker be excused from further appearance as case guardian. The pending proceedings for alteration of property interests were removed from the judge's docket and returned to the pool of cases awaiting assessment for hearing, with the possibility of future applications being referred back to the judge. Leave was also granted for Mr R Vesey to file a Notice of Address for Service.