Australian Capital Territory Numbered Regulations

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PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 49

Appointments of next friend and litigation guardian

    (1)     An individual who is not a person with a legal disability may be appointed as the next friend or litigation guardian of a person with a legal disability (the other person ) in a proceeding under the Act.

    (2)     An individual is appointed under subregulation (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—

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

              (ii)     the individual agrees to be appointed; and

              (iii)     if the individual wishes to be the next friend of the other person—the individual agrees to be responsible for the costs in the proceeding that the other person would otherwise be required to pay.

Note     See reg 51 (2) for next friend's responsibility for costs.

    (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 regulation:

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



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