275Person with legal disability—litigation guardian to start

275 Person with legal disability—litigation guardian to start proceeding etc (1) Unless a territory law otherwise provides, a person with a legal disability may start or defend, and carry on, a proceeding only by the person’s litigation guardian. Example—territory law otherwise providing The Court Procedures Act 2004, s 74E provides that in a proceeding in a court in relation to a child or young person, the child or young person may be represented by a lawyer or litigation guardian, or both. Note 1 Person with a legal disability is defined in the dictionary. (2) However, a child may start, and carry on, a proceeding in the Magistrates Court to recover wages, salary or any other amount owing to the child in relation to the child’s employment, or a contract for services for the doing of work by the child, as if the child were an adult. (3) Anything in a proceeding (including a related enforcement proceeding) required or allowed by these rules to be done by a party may be done only by the party’s litigation guardian if the party is a person under a legal disability. (4) However, part 2.8 (Disclosure) applies to a party who is a person under a legal disability as if the person were not a person under a legal disability. (5) An act required to comply with an order under part 2.8 may be performed by— (a) if the party can perform it—the party; or (b) in any other case—the party’s litigation guardian.

People with a legal disability Division 2.4.9 Rule 276 (6) A party’s litigation guardian who is not a legal practitioner may act only by a solicitor.