Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p31
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 73991–76588

setting out the basis or grounds of the intervention and the orders (if any) sought; and
 (b) serve a copy of the notice and affidavit (if any) on each other party to the proceeding.

Division 11.2—Litigation guardian

11.07  Person who needs a litigation guardian
 (1) For the purposes of 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.

11.08  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 do anything permitted by these Rules to be done by the party.

11.09  Who may be a litigation guardian
  A person may be a litigation guardian in a proceeding if the person is an adult and has no interest in the proceeding adverse to the interest of the person needing the litigation guardian.

11.10  Appointment of litigation guardian
 (1) 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.
 (2) A person becomes a litigation guardian if the person consents to the appointment by filing an affidavit of consent in the proceeding.
 (3) The Court may remove a litigation guardian at the request of the litigation guardian.

11.11  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 authority extends.
 (3) 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.
 (4) A manager of the affairs of a party becomes the litigation guardian of a person who needs