Affidavit for entry of appearance as litigation guardian (Rule 293(3)) (Form 22)
Form 22 is the Supreme Court of Tasmania affidavit filed with an appearance for a child or other person under disability. The practitioner swears it.
Word document from Supreme Court of Tasmania's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Supreme Court of Tasmania's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 22
- Version
- v0ebf6621
- Last verified
- 3 October 2026
Supreme Court of Tasmania · Supreme Court Rules 2000; Supreme Court Forms Rules 2000
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 22 is for
Under Part 10 Division 1 of the Supreme Court Rules 2000 (Tas), a person under disability (a minor, or a person incapable of managing their affairs in relation to the proceeding) can defend only by a litigation guardian and cannot file a notice of appearance except by one (r 292). A person's name may not be used as litigation guardian unless they have signed a written authority and it has been filed (r 293(1)). A practitioner who files a notice of appearance for a person under disability must make and file an affidavit at the same time (r 293(2)), in the prescribed form (r 293(3)). Form 22 is that affidavit. It confirms the proposed guardian is fit and proper, has consented, and has no interest adverse to the person they act for.
When you need it
- You are the practitioner filing a notice of appearance (Form 14) for a defendant or respondent who is a minor or a person under disability.
- A litigation guardian has agreed to act and has signed a written consent.
- No court appointment is needed for a litigation guardian (r 292(3)), unless the guardian is a corporation or lives outside the jurisdiction (r 294).
- If no suitable guardian is available, the Court or a judge may appoint one, including the Public Guardian (r 295).
How to fill it in
- 1
Copy the heading and identify the deponent
Use the proceeding heading. The deponent is the practitioner, who gives their name and address and identifies the defendant or respondent and the nature of the disability (for example, an infant).
- 2
Paragraph 1: fitness of the guardian
Give the guardian's name, address and description. Choose the version that states the guardian is a fit and proper person, or the version stating you are informed and believe that.
- 3
Paragraph 2: consent
Annex the guardian's signed consent to act. Rule 293(1) also requires the guardian's signed written authority to be filed before their name is used in the proceeding.
- 4
Paragraph 3: no adverse interest
State that the guardian has no interest in the matters in question adverse to that of the defendant or respondent.
- 5
Swear the affidavit
Swear or affirm it before an authorised witness, and complete the footer.
Filing, lodging and service
- File the affidavit at the same time as the notice of appearance (r 293(2)), within the time for appearance on the writ or originating application.
- Lodge at a registry in person, by prepaid post, or by email if your firm is approved for email lodgment (rr 83, 87A). An affidavit lodged by email needs the extra cover sheet certificate in rule 87G(2).
- Serve the sealed duplicate notice of appearance on the plaintiff or applicant in the usual way (r 157).
Common mistakes
- A person authorised under the Guardianship and Administration Act 1995 to conduct proceedings for a represented person is entitled to be the litigation guardian, subject to any order (r 292(4)).
- Any settlement, compromise or acceptance of money paid into Court for a person under disability needs the approval of the Court or a judge (r 299(1)).
- The guardian's consent given on behalf of a minor is effective, but for other persons under disability it needs court approval (r 298).
Frequently Asked Questions
Who can be a litigation guardian in the Supreme Court of Tasmania?
Any suitable person who signs a written authority, has no adverse interest and is not a corporation or someone living outside the jurisdiction (unless appointed by the Court or authorised under the Guardianship and Administration Act 1995) (rr 293-294).
Does the court have to appoint the litigation guardian?
No. An order appointing a litigation guardian is not necessary (r 292(3)). The Court can appoint one where the person under disability has none (r 295).
Checked against the official sources on 26 October 2026
- Supreme Court Rules 2000 (Tas) Part 10 Division 1 (rr 292-299), r 5 definition of person under disability
- Supreme Court of Tasmania - Form 22 Affidavit for litigation guardian
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
7 boxes on the Affidavit for entry of appearance as litigation guardian (Rule 293(3)) (Form 22) fill from your matter.
- Client
- Client full name(s)
- Matter
- Matter / file reference
Matter plans that use this form
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