top of page
Writer's pictureTLDR Caselaw

Robert Kerr as litigation guardian for Asha Chaudhary v Fox [2024] QSC 174

In Robert Kerr as litigation guardian for Asha Chaudhary v Fox [2024] QSC 174, the Supreme Court of Queensland ruled on 16 August 2024, regarding the legal standing of Robert Kerr as litigation guardian for Asha Chaudhary, the daughter of the deceased Kundan Chaudhary, who died intestate. The court found that Mr Kerr, a close friend of the deceased but not a relative, was not a suitable litigation guardian due to his failure to consult the child's mother, Helen Fox, prior to commencing proceedings for a claim against the deceased's estate. Furthermore, the court noted concerns regarding Mr Kerr's impartiality, financial status, and overall fitness for the role, determining that his actions did not adequately prioritise Asha's best interests. Consequently, the court dismissed the application, ordered the removal of Mr Kerr as the litigation guardian, and required him to personally cover the respondent's legal costs on the standard basis.


bottom of page