Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 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:       Rule 10.04(3) requires 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.



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