Australian Capital Territory Numbered Regulations

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DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 52

Litigation guardian—appointment

    (1)     The following people may be appointed as a litigation guardian for a person with a legal disability (the other person ) in a proceeding:

        (a)     an individual who is not a person with a legal disability;

        (b)     the public advocate.

    (2)     An individual is appointed under subsection (1) by filing with the Magistrates Court a statement—

        (a)     about whether, to the best of the individual's knowledge, the other person has a disability guardian, or manager, other than the individual; and

        (b)     to the effect that the individual—

              (i)     has no interest in the proceeding that is adverse to the interests of the other person; and

              (ii)     agrees to be appointed.

    (3)     However, if the other person has a disability guardian, or manager, other than the individual, the individual may be appointed as the other person's litigation guardian only with the Magistrates Court's leave.

    (4)     For this section:

"manager"—see the Guardianship and Management of Property Act 1991 , dictionary.

Note     Section 57 sets out what happens if a party with a legal disability does not have a representative, or an appropriate or suitable representative.



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