A court may appoint a tutor for a person under legal incapacity on terms protecting the tutor from personal liability for costs where the person's interests in prosecuting proceedings would otherwise be stifled, no alternative tutor is available without such protection, and the proceedings are not shown to be lacking in bona fides or merit. The power to make such an order arises as an incident of the jurisdiction under UCPR r 7.18(1)(b), under UCPR r 2.1, or under the court's inherent/parens patriae jurisdiction. A single Judge of Appeal may make such an order under s 46(2)(b) of the Supreme Court Act 1970 (NSW) as it does not involve the determination or decision of the appeal.
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