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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.