New guideline to assist litigation guardians

A guideline to assist to people understand the role and responsibilities of a litigation guardian has been launched by Court Services Victoria.

A litigation guardian is a person who conducts a court case on behalf of another person, either because the person is not yet 18 or they have a disability that prevents them from attending to the things needed for the court case to proceed.  The litigation guardian makes the decisions in the case that the represented person would otherwise need to make.

The Litigation Guardians guideline – the first of its kind in Victoria – is aimed at helping potential litigation guardians to understand:

• the role of a litigation guardian in the court process;
• why the role is so critical;
• key duties and responsibilities;
• what questions to ask the represented person’s lawyer, including about costs and court processes;
• the importance of avoiding conflicts of interest; and
• the importance of consulting with the represented person and determining their will and preferences as far as practicable.

Supreme Court of Victoria Chief Justice Richard Niall commended the creators of the guideline for the significant work and consultation that had gone into its development.

“The first Litigation Guardians guideline is a very important step in assisting prospective litigation guardians to understand their critical role and the extent of their responsibilities,” he said.

“Crucially, the guideline will also support the legal profession in their interactions with litigation guardians and will help with the efficient administration of court processes.”

Read the new Litigation Guardians guideline.

The Supreme Court has published a Practice Note requiring practitioners to provide the guideline in addition to the advice they provide to prospective litigation guardians.