Practitioners must disclose parallel proceedings and orders from other courts (including Family Court) that may affect the utility of relief sought, even where the overlap is uncertain. Where a plaintiff lacks litigation capacity, an enduring power of attorney under the Guardianship and Administration Act 1990 (WA) may not authorise the attorney to commence Supreme Court proceedings; appointment of a next friend under O 70 is required, and failure to address capacity issues promptly may result in adverse costs consequences including indemnity costs and orders preventing recourse to the incapacitated person's assets.
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