Court Procedures Rules 2006

If 2 or more people are or may be interested in or affected by a proceeding in relation to either or both of the following matters, the court may appoint 1 or more of them to represent all or some of them:

the administration of a deceased person’s estate;

property subject to a trust.

Pt 6.2 (Applications in proceedings) applies to an application for an appointment.

The court must not appoint a person under subrule (1) unless satisfied—

that the interested or affected people (or some of them) cannot, or cannot readily, be identified; or

that the interested or affected people (or some of them), although identified, cannot be found; or

that, although all of the interested or affected people have been identified and found, it is appropriate for a representative to be appointed to represent all or some of them.

If the court makes an order under subrule (1) appointing 2 or more people, it may give the conduct of the proceeding, or any part of the proceeding, to the person it considers appropriate.

For this rule, people may be taken to have an interest or liability even if—

in relation to 1 or more of them—the interest or liability is a contingent or future interest or liability; or

1 or more of them is an unborn child.

This rule does not limit the operation of rule 261 (Representation—interests of deceased person’s estate).