Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) Unless a territory law otherwise provides, a person may become the litigation guardian of a person with a legal disability without the need for any formal instrument of appointment or any order of a court.
Note A territory law includes these rules (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, s 98).
(2) Unless a person is appointed as a litigation guardian by the court, a person becomes the litigation guardian of a person with a legal disability for a proceeding by filing in the court—
(a) an affidavit by the solicitor for the person with a legal disability, or someone else with knowledge of the facts, stating that the person—
(i) has agreed to be the litigation guardian; and
(ii) is an appropriate person to be the litigation guardian; and
(iii) does not have an interest in the proceeding adverse to the interest of the person with a legal disability; and
(b) the person's written consent to be the litigation guardian of the person with a legal disability; and
(c) if the person with a legal disability is a plaintiff in the proceeding—an undertaking by the person that the person will be liable for any costs that the person with a legal disability might otherwise be required to pay in the proceeding.
Note See
• approved form 2.10 (Affidavit for person to act as litigation guardian) AF2006-255
• approved form 2.11 (Consent and undertaking by person to act as litigation guardian) AF2006-256
.