New South Wales Consolidated Regulations

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SUPREME COURT RULES 1970 - SECT 78.62

Notice to be answered by tutor

78.62 Notice to be answered by tutor

(cf former Part 78, rule 58)

(1) A person under legal incapacity may not answer a notice under this Division otherwise than by his or her tutor.
(2) If a person under legal incapacity has a tutor who has or may be given authority, under the NSW Trustee and Guardian Act 2009 , to answer the notice on that person's behalf, then, unless the Court otherwise orders, no person other than the tutor may answer the notice.
(3) If a notice of proceedings is served on a person under legal incapacity and that person's tutor is appointed to answer the notice, the appointment extends to the tutor electing on that person's behalf to become a defendant in the proceedings.
(4) If a person under legal incapacity elects by tutor to become a defendant in the proceedings, Division 4 of Part 7 of the Uniform Civil Procedure Rules 2005 applies as if the tutor had been appointed as provided by that Division.



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