Stevens  FCCA 63 (15 January 2015)
In Stevens, an 87 year old husband had been admitted to a series of aged care facilities in Australia and New Zealand. At the time of these proceedings the Public Trustee of Queensland had been appointed administrator of the husband’s affairs. Of note was the fact the husband suffered from memory loss and thought to be unable to make decisions.
The husband’s property application (brought by his son) was opposed by the wife. The wife alleged that the removal of the husband from the matrimonial home was without her knowledge or consent and that the parties had not separated when proceedings had been commenced. The wife’s application was that the husband’s application be dismissed.
The judge appointed the Public Trustee of Queensland as the husband’s litigation guardian. The judge would not dismiss the husband’s application as an abuse of process as to do so would require evidence to be tested at a final hearing.