AYZ v State of Western Australia (Department of Justice, Corrective Services) (No 2) [2022] FCA 1540

AYZ v State of Western Australia (Department of Justice, Corrective Services) (No 2) [2022] FCA 1540

In circumstances where a minor has no parent or guardian willing or able to bring an application, and having satisfied all other procedural requirements, the Court may dispense with the requirement that a parent or guardian bring the application pursuant to r 9.63(1) and appoint a suitable litigation representative of its own initiative to ensure access to justice and proper administration of proceedings.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Interlocutory Application / Appointment of Litigation Representatives Prior to Proceeding
Outcome
Orders appointing litigation representatives as sought, dispensing with requirement that application be brought by parent or guardian for one applicant, suppression orders made, no order as to costs.
Legal Topics
['appointment of Litigation Representatives' 'legal Incapacity of Minors' 'federal Court Procedure']
['human Rights' 'administrative Law' 'constitutional Law'] ['appointment of Litigation Representatives' 'legal Incapacity of Minors' 'federal Court Procedure']

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Procedural Posture

Interlocutory Application / Appointment of Litigation Representatives Prior to Proceeding

Legal Issues

  1. 1 ['Whether a carer can bring an application for appointment of a litigation representative under r 9.63(1) of the Federal Court Rules 2011 (Cth)' 'Whether the requirement that an application be brought by a parent or guardian can be dispensed with' 'Whether it is appropriate for the Court to appoint a litigation representative of its own initiative']

Ratio Decidendi

In circumstances where a minor has no parent or guardian willing or able to bring an application, and having satisfied all other procedural requirements, the Court may dispense with the requirement that a parent or guardian bring the application pursuant to r 9.63(1) and appoint a suitable litigation representative of its own initiative to ensure access to justice and proper administration of proceedings.

Court Disposition

Orders appointing litigation representatives as sought, dispensing with requirement that application be brought by parent or guardian for one applicant, suppression orders made, no order as to costs.

Orders

  • ['AYX appointed as litigation representative of AYZ.' 'BYX appointed as litigation representative of BYZ.' 'CYX appointed as litigation representative of CYZ.' 'DYX appointed as litigation representative of DYZ.' 'EYX appointed as litigation representative of EYZ.' "Court dispenses with requirement that application...