Throsby & Throsby 2014 FCCA 138

Separated parents had five children.  The father was diagnosed with mild intellectual disability and received a disability support pension.  An assessor reported that the father could read single words, became over-whelmed by large amounts of information, had poor planning and organisation skills, and had a very limited understanding of court procedures.  Two of the children had absconded and the welfare department became involved.  Legal aid was withdrawn from the father, and the judge found that the father was unable to manage his own case as he was functionally illiterate.  The judge issued an order appointing a litigation guardian on behalf of the father.

 

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