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s 9.63

Appointment of litigation representative by the Court

In force
Chapter 2Original jurisdiction—proceedings generally
Part 9Parties and proceedings
Division 9.6Persons under a legal incapacity

9.63 Appointment of litigation representative by the Court

(1)

A party or an interested person may apply to the Court for an order appointing a person as a litigation representative.

Note:

Interested person is defined in the Dictionary.

(2)

A copy of the application must be served on the person under a legal incapacity.

(3)

The application must be accompanied by an affidavit stating:

(a)

that the person for whom the appointment is to be made is a person under a legal incapacity and giving details of the nature of the legal incapacity; and

(b)

that the proposed litigation representative:

(i)

has consented, in writing, to the appointment; and

(ii)

is a person who, under rule 9.62, may be appointed as a litigation representative.

Note:

For service on a person under a legal incapacity, see rule 10.09.

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