Kukuy v Holden [No 2]

[2024] VSCA 116

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Capacity to conduct litigation
4. › Appointment of litigation guardian
5. › Whether issue as to capacity raised on the material
6. › Whether to refer issue to VCAT for determination
7. › Guardianship and Administration Act 2019 (Vic), s 179(1)
1. Practice and Procedure
2. › Parties
3. › Litigation guardian
4. › Power to appoint on court's own motion
5. › Whether clear expert evidence of incapacity is essential precondition
6. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 15.03

Quick Take

Where a self-represented litigant's capacity is in question and VCAT proceedings are already on foot with no medical evidence before the Court, referral to VCAT under s 179(1) of the Guardianship and Administration Act 2019 is available.