Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 15.03

Appointment of litigation guardian

    (1)     A person may be a litigation guardian of a person under a disability if he is not himself a person under a disability and he has no interest in the proceeding adverse to that of the person under a disability.

    (2)     Where a person is authorized by or under an Act to conduct legal proceedings in the name of or on behalf of a person under a disability, he shall, unless the Court otherwise orders, be entitled to be the litigation guardian of the person under a disability in a proceeding to which his authority extends.

    (3)     Where after a proceeding is commenced a party to the proceeding becomes a person under a disability, the Court shall appoint a litigation guardian of that party.

    (4)     Where the interests of a party who is a person under a disability so require, the Court may appoint or remove a litigation guardian or substitute another person as the litigation guardian.

    (5)     Where a party has a litigation guardian in a proceeding, no other person shall act as the litigation guardian, unless the Court otherwise orders.

    (6)     Except where a litigation guardian has been appointed by the Court, the name of a person shall not be used in a proceeding as the litigation guardian of a person under a disability unless there is first filed in the Registry the written consent of the person to be the litigation guardian.

    (7)     A consent under subrule (6) shall include a statement detailing the circumstances that constitute the proposed litigant to be a person under a disability and a certificate by the proposed litigation guardian that he has no interest in the proceeding adverse to that of the person under a disability.



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