Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 94

94 Who may be a litigation guardian

(1) A person may be a litigation guardian of a person under a legal incapacity if the person—

(a) is not a person under a legal incapacity; and

(b) has no interest in the proceeding adverse to the interest in the proceeding of the person under a legal incapacity.

(2) If a person is authorised by or under an Act to conduct legal proceedings in the name of or for a person with impaired capacity, the authorised person is, unless the court orders otherwise, entitled to be litigation guardian of the person with impaired capacity in any proceeding to which the authorised person’s authority extends.

(3) A corporation, other than the public trustee or a trustee company under the Trustee Companies Act 1968 , may not be a litigation guardian.