Victorian Civil and Administrative Tribunal Rules 2018

For the purposes of section 62(5) of the Act, a person is eligible to be appointed as litigation guardian of a child who is a party to a proceeding if the person to be appointed—

does not have a disability that would prevent the person from properly exercising the function of litigation guardian; and

has no interest in the proceeding adverse to the interests of the child.

An application by a person to be appointed as litigation guardian of a child must be in writing.

A person applying to be appointed as litigation guardian of a child or the child's solicitor must certify in the application that the applicant or solicitor (as the case requires) knows or believes that—

the person on whose behalf the applicant seeks to be appointed is a child; and

the applicant has no interest in the proceeding adverse to the child.

If the interests of a party who is a child so require, the Tribunal, on an application or on its own initiative, may—

appoint or remove a litigation guardian; or

substitute another person as litigation guardian.

In determining whether to make an order under section 109(4) of the Act in relation to a litigation guardian of a child, the Tribunal must also be satisfied that the litigation guardian has been negligent or has engaged in misconduct in the conduct of the proceeding.