Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A person may be a litigation guardian of a person under disability if the first-mentioned person—
(a) is not a person under disability; and
(b) has no interest in the proceeding adverse to that of the person under disability.
Rule 15.03(2) substituted by S.R. No. 168/2018 rule 6(1).
(2) Where a person is authorised by or under any Act to conduct legal proceedings in the name of or on behalf of a person under disability referred to in paragraph (b) of the definition of that term in Rule 15.01, the person so authorised shall, unless the Court otherwise orders, be entitled to be litigation guardian of the person under disability in any proceeding to which that person's authority extends.
Rule 15.03(3) amended by S.R. No. 168/2018 rule 6(2).
(3) Where after a proceeding is commenced a party to the proceeding becomes a person under disability, the Court shall appoint a litigation guardian of that party.
(4) Where the interests of a party who is a person under disability so require, the Court may—
(a) appoint or remove a litigation guardian; or
(b) substitute another person as litigation guardian.
(5) Where a party has a litigation guardian in a proceeding, no other person shall act as 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 litigation guardian of a person under disability unless there is first filed in the office of the Prothonotary—
(a) the written consent of the person to be the litigation guardian; and
(b) a certificate by the solicitor for the person under disability certifying that the solicitor knows or believes that—
Rule 15.03(6)(b)(i) amended by S.R. No. 168/2018 rule 6(3).
(i) the person to whom the certificate relates is a person under disability, giving the grounds of the solicitor's knowledge or belief; and
(ii) the litigation guardian of the person under disability has signed the written consent and has no interest in the proceeding adverse to that person.