Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p14
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 14/43)
Character Range: 145379–148213

to the respondent's description; and
 (c) to give discovery to the applicant of all documents that are or have been in the other person's control relating to the respondent's description.
Note: Description is defined in the Dictionary.
 (3) The applicant must provide the person with sufficient conduct money to permit the person to travel to the Court.
Note: Conduct money is defined in the Dictionary.
Rules 9.57–9.60 left blank

Division 9.6—Persons under a legal incapacity

9.61  Proceeding by or against person under a legal incapacity
  A person under a legal incapacity may start, or defend, a proceeding only by the person's litigation representative.
Note: Litigation representative and person under a legal incapacity are defined in the Dictionary.

9.62  Persons who may be a litigation representative
 (1) A person, other than the following persons, may consent to being appointed a litigation representative:
 (a) a person under a legal incapacity;
 (b) a person who has a different interest in the proceeding to the person under a legal incapacity;
 (c) a corporation or organisation.
 (2) However, the following corporations or organisations may be a litigation representative:
 (a) the NSW Public Trustee and Guardian;
 (b) the State Trustees of Victoria;
 (c) the Public Trustee of Queensland;
 (d) the Public Trustee of Western Australia;
 (e) the Public Trustee of South Australia;
 (f) the Public Trustee of Tasmania;
 (g) the Public Trustee for the Australian Capital Territory;
 (h) the Public Trustee for the Northern Territory;
 (i) a trustee company that, under a law of a State or Territory, is authorised to act as a trustee, executor or administrator.

9.63  Appointment of litigation representative by the Court
 (1) A party or an interested person may apply to the Court for an order appointing a person as a litigation representative.
Note: Interested person is defined in the Dictionary.
 (2) A copy of the application must be served on the person under a legal incapacity.
 (3) The application must be accompanied by an affidavit stating:
 (a) that the person for whom the appointment is to be made is a person under a legal incapacity and giving details of the nature of the legal incapacity; and
 (b) that the proposed litigation representative:
 (i) has consented, in writing, to the appointment; and
 (ii) is a person who, under rule 9.62, may be appointed as a litigation representative.
Note: For service on a person under a legal incapacity, see rule 10.09.

9.64  Consent to be filed
  A litigation representative must not take 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