MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 21
MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 21
21 . Persons under legal disability, claims by or against
(1) A person under 18
years of age who is or intends to be a party to a case must have a litigation
guardian to conduct the case on his or her behalf unless the Court orders
otherwise.
(2) The Court may
appoint a person who is not under a legal disability to be the litigation
guardian of a person under 18 years of age who is or intends to be a party to
a case.
(3) If a party to a
case is not a represented person under the
Guardianship and Administration Act 1990 but the Court suspects on reasonable
grounds that the party may be in need of a guardian or administrator under
that Act, the Court may —
(a)
request the Public Advocate to investigate whether the party is in such need;
and
(b)
adjourn the case until the Court is advised by the Public Advocate of the
result of the investigation.
(4) The settlement of
a case in which there is a claim by or against a person under a legal
disability is not valid unless the Court approves it.
(5) The Court may
approve such a settlement and may do so on any reasonable and necessary terms.