Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A person may be a litigation guardian of a person under disability if the first-mentioned person—
(a) is not a person under disability; and
(b) has no interest in the proceeding adverse to that of the person under disability.
(2) If a person is authorised by or under any Act to conduct legal proceedings in the name of or on behalf of a person under disability, that person must, unless the Court otherwise orders, be entitled to be litigation guardian of the person under disability in any proceeding to which that person's authority extends.
(3) If after a proceeding is commenced a party to the proceeding becomes a person under disability, the Court must appoint a litigation guardian of that party.
(4) If the interests of a party who is a person under disability so require, the Court may—
(a) appoint or remove a litigation guardian; or
(b) substitute another person as litigation guardian.
(5) If a party has a litigation guardian in a proceeding, no other person must act as litigation guardian, unless the Court otherwise orders.
(6) If a litigation guardian has been appointed by the Court, the name of a person must not be used in a proceeding as litigation guardian of a person under disability unless there is first filed in the Court—
(a) the written consent of the person to be the litigation guardian; and
(b) a certificate by the Australian lawyer for the person under disability certifying that the Australian lawyer knows or believes that—
(i) the person to whom the certificate relates is a person under disability, giving the grounds of the Australian lawyer's knowledge or belief; and
(ii) the litigation guardian of the person under disability has signed the written consent and has no interest in the proceeding adverse to that person.