Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 88.59

Person under disability

    (1)     This rule applies where a citation is served on a person under a disability.

    (2)     The proceeding in respect of a citation shall be stayed until the appointment of a litigation guardian for the person under a disability.

    (3)     The person under a disability may answer a citation only by his litigation guardian.

    (4)     Subject to rule 88.60, Order 15 does not apply to the appointment of a litigation guardian under this Part.

    (5)     An application for the appointment of a litigation guardian shall be by summons in the proceeding relating to the citation.

    (6)     There shall be no defendant to a summons for appointment of a litigation guardian.

    (7)     The proceeding shall be heard without an appointment being obtained for a hearing.

    (8)     The proceeding may be heard:

        (a)     in the absence of the public;

        (b)     without the appearance before the Court of a person.

    (9)     A draft minute of the order sought shall be lodged with the Registrar before an order is made on the summons.

    (10)     The order shall be authenticated in accordance with the General Rules after the minute of it is signed.

    (11)     Where a person under a disability has a guardian who has or may be given authority under an Act to answer the citation on his behalf, no person other than the guardian shall act as litigation guardian, unless the Court otherwise orders.

    (13)     A litigation guardian shall not be appointed unless:

        (a)     he is the person applying for appointment; or

        (b)     evidence of his consent to act as litigation guardian is furnished.

    (14)     Where a citation to see a proceeding has been served on a person under a disability and a litigation guardian of that person is appointed to answer the citation, the appointment shall extend to the litigation guardian electing on behalf of the person under a disability to become a defendant in the proceeding in which the citation was served and defending that proceeding (including cross-claiming in it).



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