Victorian Consolidated Regulations

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2018 - REG 4.02

    (1)     A person is eligible to be appointed by the Tribunal as litigation guardian of a child who
is a party to a proceeding if the person—

Rule 4.02(1)(a) substituted by S.R. No. 30/2023 rule 5(1).

        (a)     does not have a disability that would prevent the person from properly exercising the function of litigation guardian; and

        (b)     has no interest in the proceeding adverse to that of the child.

    (2)     An application by a person to be appointed as litigation guardian of a child must be in writing and must contain a certificate of the person applying to be appointed as litigation guardian or of the solicitor for the child that the person knows or believes that—

        (a)     the person to whom the certificate relates is a child; and

        (b)     the person applying to be appointed as litigation guardian has no interest in the proceeding adverse to the person to whom the certificate relates.

Rule 4.02(3) amended by S.R. No. 30/2023 rule 5(2).

    (3)     Where the interests of a party who is a child so require, the Tribunal may, on an application made under subrule (2) or on its own initiative, appoint or remove a litigation guardian or substitute another person as litigation guardian.

Rule 4.02(4) inserted by S.R. No. 30/2023 rule 5(3).

    (4)     In determining whether to make an order under section 109(4) of the Act in relation to a litigation guardian of a child, the Tribunal must also be satisfied that the litigation guardian was negligent or engaged in misconduct in the conduct of the proceeding.

Rule 4.02A inserted by S.R. No. 30/2023 rule 6.