Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p13
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 13/100)
Character Range: 149128–151725

6.01(3) applies the duty of disclosure to a litigation guardian appointed under this Part.
Note 3: Subrules 5.28(3) and 10.04(3) require a litigation guardian seeking a consent order to file an affidavit setting out the facts relied on to satisfy the court that the order is in the party's best interests.

3.14  Who may be a litigation guardian
  A person may be a litigation guardian in a proceeding if the person:
 (a) is an adult; and
 (b) has no interest in the proceeding adverse to the interest of the person needing the litigation guardian; and
 (c) can fairly and competently conduct the proceeding for the person needing the litigation guardian.

3.15  Appointment of litigation guardian
 (1) A person may apply for the appointment, replacement or removal of a person as the litigation guardian of a party.
 (2) The court may, at the request of a party or on its own initiative, appoint or remove a litigation guardian, or substitute another person as litigation guardian, in a proceeding in the interests of a person who needs a litigation guardian.
 (3) A person becomes a litigation guardian if the person consents to the appointment by filing an affidavit of consent in the proceeding.
 (4) The court may remove a litigation guardian at the request of the litigation guardian.

3.16  Manager of the affairs of a party
 (1) In this rule:
manager of the affairs of a party includes a person who is authorised by or under a Commonwealth, State or Territory law to conduct legal proceedings in the name of, or for, a person who needs a litigation guardian.
 (2) A person who is a manager of the affairs of a party is entitled to be the litigation guardian in any proceeding to which the person's authority extends.
 (3) If, in the opinion of the court, a suitable person is not available for appointment as a litigation guardian for a person who needs a litigation guardian, the court may request that the Attorney‑General appoint a person to be a manager of the affairs of the party.
 (4) The Attorney‑General may appoint, in writing, a person to be a manager of the affairs of a party for the purposes of this rule, either generally or for a particular person.
 (5) A manager of the affairs of a party becomes the litigation guardian of a person who needs a litigation guardian in a proceeding if the manager of the affairs of the party files an affidavit of consent in relation to the person.

3.17  Notice of becoming litigation guardian
  A person appointed as the litigation guardian of a party to a proceeding must, as soon as practicable after the appointment, give notice of the