Domestic and Family Violence Protection Rules 2014
sec.29Litigation guardian for named person or respondent
Start here
Get a plain-English read of sec.29
Turn the raw legal text into a practical explanation grounded in Domestic and Family Violence Protection Rules 2014.
sec.29 Litigation guardian for named person or respondent
This rule applies if— a respondent or named person is a person with impaired capacity; and a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter. Unless a person is appointed as a litigation guardian by a DFVP court, a person becomes a litigation guardian of a respondent or named person with impaired capacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the respondent or named person. If the interests of a respondent or named person who is a person with impaired capacity require it, a DFVP court may appoint or remove a litigation guardian or substitute another person as litigation guardian for the respondent or named person. (sec.29-ssec.1) This rule applies if— a respondent or named person is a person with impaired capacity; and a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter. (sec.29-ssec.2) Unless a person is appointed as a litigation guardian by a DFVP court, a person becomes a litigation guardian of a respondent or named person with impaired capacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the respondent or named person. (sec.29-ssec.3) If the interests of a respondent or named person who is a person with impaired capacity require it, a DFVP court may appoint or remove a litigation guardian or substitute another person as litigation guardian for the respondent or named person.
- (a) a respondent or named person is a person with impaired capacity; and
- (b) a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter.