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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 8 December 2017 to date (accessed 20 February 2020 at 19:24)
62   Notice to be answered by tutor
(cf former Part 78, rule 58)
(1)  A person under legal incapacity may not answer a notice under this Division otherwise than by his or her tutor.
(2)  If a person under legal incapacity has a tutor who has or may be given authority, under the NSW Trustee and Guardian Act 2009, to answer the notice on that person’s behalf, then, unless the Court otherwise orders, no person other than the tutor may answer the notice.
(3)  If a notice of proceedings is served on a person under legal incapacity and that person’s tutor is appointed to answer the notice, the appointment extends to the tutor electing on that person’s behalf to become a defendant in the proceedings.
(4)  If a person under legal incapacity elects by tutor to become a defendant in the proceedings, Division 4 of Part 7 of the Uniform Civil Procedure Rules 2005 applies as if the tutor had been appointed as provided by that Division.