Queensland Consolidated Regulations

DOMESTIC AND FAMILY VIOLENCE PROTECTION RULES 2014 - REG 28

28 Litigation guardian for aggrieved

(1) This rule applies if—

(a) an aggrieved is a person with impaired capacity; and

(b) an authorised person does not appear on behalf of the aggrieved; and

Note—

An authorised person may appear on behalf of an aggrieved in a proceeding under the DFVP Act , section 25 .

(c) a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter.

(2) Unless a person is appointed as a litigation guardian by a DFVP court, a person becomes a litigation guardian of an aggrieved with impaired capacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the aggrieved.

(3) If the interests of an aggrieved who is a person with impaired capacity require it, a DFVP court may appoint or remove a litigation guardian for the aggrieved or substitute another person as litigation guardian.