GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 51 Power for administrator to undertake legal proceedings

GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 51

    (1)     VCAT may specify in an administration order that the administrator has power to bring and defend an action or other legal proceeding in the name, and on behalf, of a represented person if the action or other legal proceeding is in relation to a financial matter specified in the order.

    (2)     An administrator on whom the power to bring and defend actions and other legal proceedings is conferred is not required to be appointed a litigation guardian in accordance with rules of the relevant court or tribunal.

    (3)     If an administrator undertakes a legal proceeding in accordance with subsection (1), the costs of the proceeding are to be paid out of the represented person's estate.

    (4)     Despite subsection (3), a court or tribunal may order that an administrator is personally liable to pay for any costs of the legal proceeding if the administrator was negligent or engaged in misconduct.

    (5)     A court or tribunal may order that a person who is or was an administrator be reimbursed from the represented person's estate for any costs incurred by the person as an administrator in bringing or defending an action or other legal proceeding in accordance with subsection (1).