Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p12
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 12/100)
Character Range: 146710–149374

arranged by a legal aid body; and
 (b) order that the costs of the independent children's lawyer be met by one or more of the parties.
 (3) A person appointed as an independent children's lawyer:
 (a) must file a Notice of Address for Service; and
 (b) must comply with these Rules and do anything required to be done by a party; and
 (c) may do anything permitted by these Rules to be done by a party.
 (4) If an independent children's lawyer is appointed, the parties must conduct the proceeding as if the independent children's lawyer were a party.
 (5) The appointment of an independent children's lawyer ceases:
 (a) when the Initiating Application (Family Law) is determined or withdrawn; or
 (b) if there is an appeal—when the appeal is determined or withdrawn; or
 (c) as otherwise ordered.
Note 1: Section 68L of the Family Law Act provides for the independent representation of children and section 68LA of that Act sets out the role of an independent children's lawyer.
Note 2: The duty of disclosure applies to an independent children's lawyer (see rule 6.01).
Note 3: If a document or notice is served on or given to a party under these Rules, the document or notice must also be served on any independent children's lawyer (see paragraph 2.27(3)(b)).

Part 3.5—Litigation guardians

3.12  Person who needs a litigation guardian
 (1) For these Rules, a person needs a litigation guardian in relation to a proceeding if the person:
 (a) does not understand the nature and possible consequences of the proceeding; or
 (b) is not capable of adequately conducting, or giving adequate instruction for the conduct of, the proceeding.
 (2) Unless the court otherwise orders, a minor in a proceeding is taken to need a litigation guardian in relation to the proceeding.

3.13  Starting, continuing, defending or inclusion in proceeding
 (1) A person who needs a litigation guardian may start, continue, respond to or seek to be included as a party to a proceeding only by the person's litigation guardian.
 (2) The litigation guardian of a party to a proceeding:
 (a) must do anything required by these Rules to be done by the party; and
 (b) may, for the benefit of the party, do anything permitted by these Rules to be done by the party.
Note 1: A person may apply for an interlocutory order to be appointed as a litigation guardian in relation to a prospective proceeding (see rule 5.02(2)(b)).
Note 2: Rule 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