Court Procedures Rules 2006

A person may not replace someone else as litigation guardian of a person with a legal disability except by an order of the court.

If a party to a proceeding is or becomes a person with a legal disability and the party does not have a litigation guardian, the court may, by order, appoint a litigation guardian.

If a party to a proceeding is or becomes a person with a legal disability and the party has a litigation guardian, the court may, by order, remove the party’s litigation guardian and appoint another litigation guardian.

In a proceeding in relation to a person with a legal disability who is not a party, the court may, by order, appoint a litigation guardian of the person and include the person as a party to the proceeding.

If the court removes a party’s litigation guardian, it may also, by order, stay the proceeding until the appointment of a new litigation guardian.

An application for an order under this rule must be served on the person with a legal disability and, if the application proposes removal of a litigation guardian, on the litigation guardian.

In a proceeding on an application for the appointment of a litigation guardian, evidence in support of the application must include evidence—

that the party for whom a litigation guardian is to be appointed is a person with a legal disability; and

that the proposed litigation guardian agrees to being appointed and does not have an interest in the proceeding adverse to the interests of the person with a legal disability.

The court may make an order under this rule on application by a party to the proceeding or anyone else or on its own initiative.

If an application for an order under this rule is made during the proceeding or after judgment is given in the proceeding, the application must be made in accordance with part 6.2 (Applications in proceedings).

For the Supreme Court, if an application for an order under this rule is made before the proceeding starts, the application must be made by originating application.