Identify who may conduct a Victorian claim for a person under disability
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, list who the opened Supreme Court rules allow to conduct the claim, and the filing step those rules require. The tool writes nothing that is filed, and it does not appoint anyone.
- What the lawyer must review
- Decide who may conduct the claim, and settle anything that must be filed.
- Do not treat a relative as litigation guardian because of the relationship.
- The tool's shortlist is not an appointment.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: Supreme Court litigation guardian for a person under disability
Produce. A shortlist of who may conduct the claim, and the Prothonotary filing step. Nothing is filed by the tool.
Have ready. Date of birth; Any order or statutory authority produced; The lawyer's instructions on adverse interest.
Example of the limit. Illustrative example: A parent asks to run a claim for a child injured in a shop. The tool lists that a parent is not guardian by the relationship, and that consent and a solicitor's certificate must be filed in the Prothonotary's office unless the Court appoints. The lawyer decides who may conduct the claim.
Stop and hand it back when
- The tool would appoint a litigation guardian.
- The tool would prepare the certificate that is filed.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, list who the opened Supreme Court rules allow to conduct the claim, and the filing step those rules require. The tool writes nothing that is filed, and it does not appoint anyone. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Use the rule 15.01 definition: a minor, or a person incapable by injury, disease, senility, illness or physical or mental infirmity of managing affairs in relation to the proceeding.
- A litigation guardian must not be under disability and must have no adverse interest. An authority under an Act is an entitlement under rule 15.03(2) only for the incapacity limb, and only unless the Court otherwise orders.
- Unless the Court appointed the guardian, the name is not used until written consent and the solicitor's certificate are filed in the Prothonotary's office.
- Write nothing that is filed. County Court filing steps were not opened.
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
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.01 · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.03 · 2026-10-23
- Supreme Court of Victoria Practice Note SC GEN 25 · 2026-10-23
Supreme Court (General Civil Procedure) Rules 2025 rule 15.01, in the in-force consolidation, defines a person under disability as a minor, or a person who is incapable, by reason of injury, disease, senility, illness or physical or mental infirmity, of managing that person's affairs in relation to the proceeding. Order 15 uses litigation guardian.
Rule 15.03(1): the guardian is not a person under disability and has no interest in the proceeding adverse to the person. Rule 15.03(2): a person authorised by or under an Act to conduct proceedings in the name of or on behalf of a person under disability referred to in paragraph (b) of the rule 15.01 definition is entitled to be litigation guardian unless the Court otherwise orders. That paragraph (b) is the incapacity limb, not a minor. Rule 15.03(6): except where the Court appointed the guardian, the name is not used until there is filed in the office of the Prothonotary the person's written consent and a certificate by the solicitor. The certificate gives the grounds of the solicitor's knowledge or belief, and certifies that the guardian signed the consent and has no adverse interest.
Rule 15.02, the County Court rules on appointment, and any court guideline on whether a guardian is paid, were not opened. Do not add them. Compromise approval is a separate task.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).
If the product supports a court document, apply the note for that court: Supreme Court Practice Note SC GEN 25 (14 May 2026), the County Court practice note on artificial intelligence by court users (9 June 2026), or the Magistrates' Court guidelines issued 19 October 2026. One tool cannot verify another. Do not put confidential or sensitive information into a public tool.