Commonwealth Numbered Regulations

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1984 No. 425 FAMILY LAW RULES - ORDER 23 RULE 13

Appointment of next friend
13. (1) A court exercising jurisdiction under the Act may subject to sub-rule
(2)-

   (a)  on an application by a person pursuant to this Order; or

   (b)  where it appears to the court to be necessary, of its own motion,
        appoint a fit and proper person to be next friend of a person under
        disability.

(2) The court shall not appoint a person as next friend of a person under
disability, other than a person referred to in sub-rule 12 (2) unless it is
satisfied that the person-

   (a)  is a fit and proper person to act as next friend;

   (b)  has no interest in the proceedings adverse to the person under
        disability; and

   (c)  has filed a consent to act in accordance with Form 30.



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