Victorian Civil and Administrative Tribunal Rules 2018

For the purposes of clauses 11AC and 77B of Schedule 1 to the Act, a person is eligible to be appointed as litigation guardian of a person with a disability 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 person with a disability.

An application by a person to be appointed as a litigation guardian of a person with a disability must—

be in writing; and

be signed by the applicant; and

state that the applicant has no interest in the proceeding adverse to the interests of the person with a disability.

An application by a person to be appointed as a litigation guardian of a person with a disability must be accompanied by a medical report about the person with a disability by a registered medical practitioner in the form published on the Tribunal's website or available in hard copy from the registry.

If the Tribunal is satisfied that it is appropriate in the circumstances to do so, the Tribunal may determine that an application for the appointment of a litigation guardian to conduct a proceeding on behalf of a person with a disability be dealt with as an application for the appointment of a guardian or an administrator under the Guardianship and Administration Act 2019 in relation to the proceeding.

If the interests of a party who is a person with a disability 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 person with a disability, the Tribunal must also be satisfied that the litigation guardian has been negligent or has engaged in misconduct in the conduct of the proceeding.