The Uniform Civil Procedure Rules 2005 REG 7.14 provides that when someone is under a legal incapacity and unable to pursue their own interests (for example a minor or an incapacitated person) they are unable to commence or carry on legal proceedings without a tutor.
Any individual person can become a tutor for someone else and there does not need to be an order of the court. As long as they are not a person under legal incapacity, a judicial officer or a person with an interest in the particular proceeding they can become a tutor. A tutor is appointed to represent the person in their legal proceedings and the tutor conducts the litigation. They ensure there is a responsible person controlling the litigation, that parties are bound by the outcome of the proceedings and the successful party who has a costs order has someone they can enforce the order on.
A parent when available is generally appointed as a child’s tutor and it is more appropriate to appoint a close relative or friend rather than someone unknown. The tutor needs to file in the court a consent to act as tutor form. A tutor can only be changed by an order from the court.
If the legal incapacity of the person ends, which may be for example when a minor turns 18 years, the tutor is not able to continue in the role.
We are experienced litigation lawyers and have acted on behalf of persons who are under a legal incapacity and a tutor has been appointed. Please contact us for advice today.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice beforetaking any course of action.*
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