Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 276

    (1)     A person may be a litigation guardian of a person with a legal disability for a proceeding if the person—

        (a)     is not a person with a legal disability; and

        (b)     has no interest in the proceeding adverse to the interests of the person with a legal disability; and

        (c)     has agreed to be the person's litigation guardian.

    (2)     If a person is authorised under a territory law to conduct a proceeding in the name of or for (however described) a person with a legal disability, the authorised person is entitled to be litigation guardian of the person with a legal disability in any proceeding to which the authorised person's authority extends, unless the court otherwise orders.

Examples

1     The title="A1991-62">Guardianship and Management of Property Act 1991

, s 7 (3) provides that a person's guardian may be given the power by the ACAT to bring or continue a proceeding for or in the name of the person.

2     That Act, s 8 provides that the ACAT may appoint a manager to manage a person's property. The powers that may be given to a person's manager are the powers that the person would have if the person were legally competent to exercise powers in relation to the person's property.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.

Note 2     A territory law includes these rules (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 98).