WILKINS & GARRETT

In the matter of WILKINS & GARRETT, heard by Judge Scarlett, the dispute concerned an application for property settlement. The primary issue before the court was whether the applicant, Ms. Wilkins, required the appointment of a litigation guardian to adequately conduct or provide instructions for the substantive proceeding.

The court was required to determine the legal test for appointing a litigation guardian and apply that test to the circumstances of the applicant. This involved assessing whether Ms. Wilkins possessed the requisite capacity to manage her own legal affairs in the context of the property settlement proceedings.

Judge Scarlett reasoned that the applicant did not have the capacity to adequately conduct or give adequate instructions for the conduct of the substantive proceeding. Consequently, the court ordered that Mr. R be appointed as the litigation guardian for Ms. Wilkins. The court also directed the parties to attend mediation regarding property adjustment, outlining specific procedural requirements for document disclosure, superannuation matters, and the preparation of a property schedule prior to the mediation. The matter was adjourned for mention.