Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 43.4

4. (1) Subject to these Rules, an order appointing a tutor is not necessary.

(2) Any person may be a tutor except-

   (a)  a person under disability;

   (b)  a corporation or organization unless the corporation or organization
        is any of the following:

        (i)    the Public Trustee of New South Wales;

        (ii)   the Public Trustee of Victoria;

        (iii)  the Public Curator of Queensland;

        (iv)   the Public Trustee of South Australia;

        (v)    the Public Trustee of Western Australia;

        (vi)   the Public Trustee of Tasmania;

        (vii)  The Curator of Estates of Deceased Persons of the Australian
               Capital Territory;

        (viii) the Public Trustee of the Northern Territory;

        (ix)   a trustee company which has by Statute or Ordinance of a State
               or Territory of Australia been given a right to act as trustee,
               executor or administrator.

(3) A person may not be a tutor of a person under disability in any proceeding
in which he has an interest adverse to the interest of the person
under disability.

(4) A person shall not be made a tutor without his consent.

(5) Where a person has been or is tutor for a person under disability in any
proceeding, no other person may, except on appointment by the Court, act as
tutor for the person under disability in that proceeding.

(6) A person shall not take any step in any proceeding as tutor for a person
under disability unless beforehand there have been filed-

   (a)  his consent to act; and

   (b)  a certificate by his solicitor that the tutor has no interest in the
        proceeding adverse to that of the person under disability.

(7) The evidence on a motion for an appointment under sub-rule 3 (1) shall
include evidence-

   (a)  that the person for whom the tutor is proposed to be appointed is a
        person under disability;

   (b)  that the proposed tutor-

        (i)    consents to act;

        (ii)   is a proper person for appointment; and

        (iii)  has no interest in the proceeding adverse to the interest of
               the person under disability; and

   (c)  that the person under disability is in default of appearance, if that
        is the fact.