Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p15
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 15/43)
Character Range: 147949–150786

a step in the proceeding unless the following documents have been filed:
 (a) the litigation representative's consent;
 (b) a certificate, including a statement that the litigation representative has no interest in the proceeding that is adverse to the interest of the person under a legal incapacity, signed by:
 (i) if the litigation representative is a lawyer—the litigation representative; and
 (ii) if the litigation representative is not a lawyer—the litigation representative's lawyer.

9.65  Removal of litigation representative by the Court
 (1) The following persons may apply to the Court for an order that the litigation representative be removed:
 (a) a party to the proceeding;
 (b) the litigation representative;
 (c) the person being represented if that person is no longer a person under a legal incapacity;
 (d) an interested person in relation to a person under a legal incapacity.
 (2) A person mentioned in paragraph (1)(a), (b) or (d) may apply to the Court for an order that the proceeding be stayed until a replacement litigation representative has been appointed.

9.66  Conduct of proceeding
 (1) Anything in a proceeding that is required or authorised by these Rules to be done for a person under a legal incapacity by the person may only be done by the person's litigation representative.
Note: A litigation representative who is defending a proceeding for a person under a legal incapacity may bring a cross‑claim under Part 15.
 (2) If a litigation representative (the first representative) has been appointed for a person under a legal incapacity, no other litigation representative may be appointed for the person unless the first representative dies or is removed.
 (3) A litigation representative who is not a lawyer must be represented by a lawyer.

9.67  No deemed admissions
  Rule 16.07 does not apply to a person under a legal incapacity.
Note: For deemed admissions, see rule 16.07.

9.68  Discovery and interrogatories
  Parts 20 and 21 apply to a person under a legal incapacity and the person's litigation representative.
Note: Part 20 deals with discovery and Part 21 deals with interrogatories.

9.69  Payment into Court
  A litigation representative must not:
 (a) pay money into Court in a proceeding; or
 (b) other than on condition that the settlement is subject to the Court's approval—agree to the compromise or settlement of any matter in dispute in the proceeding.
Note: The Court may dispense with compliance with this rule—see rule 1.34.

9.70  Compromise or settlement of matter in proceeding
 (1) If a litigation representative agrees to the compromise or settlement of any matter in dispute in a proceeding, the litigation representative must apply to the Court for approval of the agreement.
 (2) If the Court approves the agreement, the agreement is binding on the person by or