ACTIn ForceRegulation
Court Procedures Rules
276Who may be litigation guardian
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276 Who may be litigation guardian
(1) A person may be a litigation guardian of a person with a legal
disability for a proceeding if the person—
(a) is not a person with a legal disability; and
(b) has no interest in the proceeding adverse to the interests of the
person with a legal disability; and
(c) has agreed to be the person’s litigation guardian.
(2) If a person is authorised under a territory law to conduct a proceeding
in the name of or for (however described) a person with a legal
disability, the authorised person is entitled to be litigation guardian of
the person with a legal disability in any proceeding to which the
authorised person’s authority extends, unless the court otherwise
1 The Guardianship and Management of Property Act 1991, s 7 (3) provides
that a person’s guardian may be given the power by the ACAT to bring or
continue a proceeding for or in the name of the person.
2 That Act, s 8 provides that the ACAT may appoint a manager to manage a
person’s property. The powers that may be given to a person’s manager are
the powers that the person would have if the person were legally competent to
exercise powers in relation to the person’s property.