Person with legal disability—litigation guardian to start proceeding etc
275 Person with legal disability—litigation guardian to start proceeding etc
Unless a territory law otherwise provides, a person with a legal disability may start or defend, and carry on, a proceeding only by the person’s litigation guardian.
Example—territory law otherwise providing
The Court Procedures Act 2004, s 74E provides that in a proceeding in a court in relation to a child or young person, the child or young person may be represented by a lawyer or litigation guardian, or both.
Person with a legal disability is defined in the dictionary.
A territory law includes these rules (see Legislation Act, s 98).
However, a child may start, and carry on, a proceeding in the Magistrates Court to recover wages, salary or any other amount owing to the child in relation to the child’s employment, or a contract for services for the doing of work by the child, as if the child were an adult.
Anything in a proceeding (including a related enforcement proceeding) required or allowed by these rules to be done by a party may be done only by the party’s litigation guardian if the party is a person under a legal disability.
However, part 2.8 (Disclosure) applies to a party who is a person under a legal disability as if the person were not a person under a legal disability.
An act required to comply with an order under part 2.8 may be performed by—
if the party can perform it—the party; or
in any other case—the party’s litigation guardian.
A party’s litigation guardian who is not a legal practitioner may act only by a solicitor.
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