62Notice to be answered by tutor

#### 62 Notice to be answered by tutor 62 Notice to be answered by tutor (cf former Part 78, rule 58) > > (1) A person under legal incapacity may not answer a notice under this Division otherwise than by his or her tutor. > > > (2) If a person under legal incapacity has a tutor who has or may be given authority, under the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049), to answer the notice on that person’s behalf, then, unless the Court otherwise orders, no person other than the tutor may answer the notice. > > > (3) If a notice of proceedings is served on a person under legal incapacity and that person’s tutor is appointed to answer the notice, the appointment extends to the tutor electing on that person’s behalf to become a defendant in the proceedings. > > > (4) If a person under legal incapacity elects by tutor to become a defendant in the proceedings, Division 4 of Part 7 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) applies as if the tutor had been appointed as provided by that Division.