W v S

[2025] WASCA 21

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Person under a disability
3. › Declaration of incapacity
4. › Appeal proceedings
5. › Whether court should declare appellant incapable of managing affairs by reason of mental illness
6. › Whether appeal can be maintained without next friend
7. › Rules of the Supreme Court 1971 (WA), O 70 r 1, O 70 r 2
1. Practice and Procedure
2. › Person under a disability
3. › Appointment of next friend
4. › No suitable person available
5. › Referral to Public Advocate for investigation
6. › Guardianship and Administration Act 1990 (WA), s 97(1)(c)
1. Family Law
2. › De facto relationships
3. › Property adjustment orders
4. › Consent orders made through case guardian
5. › Appeal against consent orders
6. › Family Court Rules 2021 (WA), r 103, r 105, r 109

Quick Take

Where the Public Trustee is conflicted as a potential next friend (having acted as case guardian in the proceedings below), the appropriate course is to stay the appeal and refer the matter to the Public Advocate for investigation under s 97(1)(c) of the Guardianship and Administration Act 1990 (WA).