ACTIn ForceRegulation
Court Procedures Rules
275Person with legal disability—litigation guardian to start
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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.