(1) Subject to subsection (2), in this Act, a person is acting in concert with another person if the first mentioned person is—
(a) acting on behalf of the other person; or
(b) acting for the predominant benefit of the other person; or
(c) acting on the instructions of the other person; or
(d) acting in collusion with the other person.
(2) A person who makes an interlocutory application or commences and conducts a proceeding on behalf of a person is not acting in concert with that person if the first mentioned person is—
(a) a legal practitioner acting for the person; or
(b) a litigation guardian of the person; or
(c) a professional advocate within the meaning of section 62(8) of the Victorian Civil and Administrative Tribunal Act 1998 ; or
(d) any other person authorised or required by law to act on behalf of the person.
Example
Persons who may be authorised or required by law to act on behalf of a person include insurers conducting proceedings under a right of subrogation, administrators, guardians, liquidators, receivers and any other person who has a legal right or obligation to represent the person.