Who can make a small claim
You can make a claim if you are either:
- a company or business
- over 18 years of age and capable of managing your own affairs.
When you need a litigation guardian
You must have a litigation guardian if any of the following apply:
- you are under 18 years old
- you are incapable of managing your own affairs.
The court will appoint a litigation guardian if you become incapable of managing your own affairs during the claim.
Being a litigation guardian
You can be a litigation guardian of another person with a disability if you:
- don’t have a disability
- have no interest in the claim.
You must file written consent to be a litigation guardian, unless you have been appointed by a court.
A litigation guardian is liable for costs as if they were the plaintiff or the defendant in the proceeding.
Last updated: 06 February 2019