Crowley and Child Support Registrar and ANOR 2015. FamCAFC 4
The case involved a father who had suffered severe brain damage following an MVA, was classified as being permanently impaired, and received a pension (parental disability). The father was considered to be unable to understand the nature of the case and the possible consequences of different outcomes, and was not capable of giving adequate instructions for a solicitor to conduct the case (capacity to decide).
The father’s mother had previously been appointed as a case guardian as the father was a person with a disability. However the grandmother as case manager was originally restrained from contacting the mother about proceedings related to the child, and the grandmother appealed this restraint.
The Appeal Court confirmed that the grandmother be appointed as case manager, and supported arrangements about communication that had been negotiated between the mother and grandmother.