Victorian Numbered Regulations Victorian Numbered 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.
(2) Where a person is authorised by or under any Act to conduct legal proceedings in the name of or on behalf of a handicapped person, that person shall, unless the Court otherwise orders, be entitled to be litigation guardian of the handicapped person in any proceeding to which that person's authority extends.
(3) Where after a proceeding is commenced a party to the proceeding becomes a handicapped person, 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—
(i) the person to whom the certificate relates is a minor or is a handicapped person, 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.