High Court Rules 2004

21.08.1 A person under disability shall commence or defend a proceeding by litigation guardian.

21.08.2 Anything in a proceeding that is required or permitted by these Rules to be done by a party shall or may, if the party is a person under disability, be done by that person’s litigation guardian.

21.08.3 A litigation guardian of a person under disability shall act by a solicitor.

21.08.4 Where a person is authorised by or under any Act or any law of a State or Territory to act as litigation guardian for a person under disability that person shall be entitled, unless the Court or a Justice otherwise orders, to be litigation guardian for the person under disability.

21.08.5 Where, after a proceeding is commenced, a party becomes a person under a disability, the Court or a Justice may appoint a person to be litigation guardian for the person under a disability.

21.08.6 Where the interests of a person under a disability so require, the Court or a Justice may appoint or remove a litigation guardian or substitute another person as litigation guardian.

21.08.7 An order shall not be made appointing a person as litigation guardian, and the name of a person shall not be used in a proceeding as litigation guardian, of a person under disability unless the litigation guardian has consented in writing to act as litigation guardian and certifies in writing that he or she has no interest in the proceeding adverse to the person with a disability.