Wembley and Wooten

In the matter of *Wembley and Wooten*, heard before Macmillan J, the applicant sought the appointment of a case guardian for the husband pursuant to Part 6.3 of the *Family Law Rules 2004* (Cth). The precise nature of the underlying dispute between the parties is not detailed in the provided text, but the application for a case guardian indicates a potential issue concerning the husband's capacity to conduct proceedings.

The central legal issue before the Court was whether the criteria for appointing a case guardian for the husband under Part 6.3 of the *Family Law Rules 2004* had been met. This would involve an assessment of the husband's ability to understand the proceedings, instruct his legal representatives, and participate effectively in the litigation.

Macmillan J dismissed the applicant's application. While the specific reasoning is not elaborated upon in the provided text, the outcome suggests that the Court was not satisfied that the threshold for appointing a case guardian had been established. The Court ordered that all other extant applications be adjourned to the Judicial Duty List for a future date.