A child who applies for parenting orders must have a case guardian (also known as a next friend), unless the court is satisfied that the child understands the nature and possible consequences of their case and is capable of conducting it. If a child applies without a case guardian, the court may appoint one [Family Law Rules 2004 r 6.08]. Any adult that has no interest adverse to that of the child and who can fairly and competently conduct the case for the child may consent to being a case guardian [r 6.09].
The court may order the case guardian to pay costs [r 6.13] or that costs of a case guardian be paid by another party to the proceedings or from the income or property, if any, of the child [r 6.14].
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