Identify the Queensland litigation guardian for a person under a legal incapacity
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the facts the lawyer selects, list who may conduct a Queensland proceeding for a person under a legal incapacity, and the filing step in rule 95. Do not appoint anyone, and write nothing that is filed.
- What the lawyer must review
- A relative is not the litigation guardian unless rule 94 is met
- Do not apply a dictionary definition of legal incapacity. Use the rule in front of you.
- Written consent is filed only when the lawyer decides to file it
- Do not treat a Public Trustee Act legal disability as the same test
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland proceeding in which a party may be under a legal incapacity
Produce. A list of who may conduct the proceeding under rules 93 and 94, and a note of the rule 95 filing step. Nothing is filed.
Have ready. The facts the lawyer selects about the person's capacity to conduct the proceeding; Any order or statutory authority the lawyer has identified.
Example of the limit. Illustrative example: A parent asks to run the claim. The draft says rule 94 does not make a relative the litigation guardian, and it leaves the appointment to the lawyer.
Stop and hand it back when
- The dictionary definition is needed and has not been read.
- The task becomes filing the consent or appointing the guardian.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the facts the lawyer selects, list who may conduct a Queensland proceeding for a person under a legal incapacity, and the filing step in rule 95. Do not appoint anyone, and write nothing that is filed. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Rule 93: a person under a legal incapacity may start or defend a proceeding only by the litigation guardian. Anything required to be done by a party is done by the guardian. A guardian who is not a solicitor may act only by a solicitor.
- Rule 94: a person may be litigation guardian if the person is not under a legal incapacity and has no interest in the proceeding adverse to the person under a legal incapacity. A person authorised by or under an Act to conduct proceedings for a person with impaired capacity is entitled to be litigation guardian unless the court orders otherwise.
- Rule 94(3): a corporation, other than the public trustee or a trustee company under the Trustee Companies Act 1968, may not be a litigation guardian. A relative is not made the guardian by the rule.
- Rule 95: unless the court appoints a person, a person becomes litigation guardian by filing written consent in the registry. The tool writes nothing in that consent. The opened rules do not use the word tutor and do not require a solicitor's certificate.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Capacity and instructions checklist | Checklist | AI use Yellow | Checklist for whether the injured person can instruct on the decision in front of them today. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Uniform Civil Procedure Rules 1999 (Qld) rule 93 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) rule 94 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) rule 95 · 2026-10-23
The dictionary definition of person under a legal incapacity was not opened. Do not state it.
Public Trustee Act 1978 section 59 uses 'person under a legal disability', defined as a child or a person with impaired capacity for a matter within the Guardianship and Administration Act 2000. That is the sanction test. It is not the rule 93 test.