CEU v University of Technology, Sydney

The case of CEU v University of Technology, Sydney involved a dispute concerning the appointment of a guardian ad litem for the applicant, CEU, in her proceedings against the University of Technology, Sydney. CEU sought the appointment of a guardian ad litem to represent her in four separate proceedings. The court was required to decide whether CEU was totally or partially incapable of representing herself and whether the discretion to appoint a guardian ad litem should be exercised.

The court examined the legal criteria for appointing a guardian ad litem under the Civil and Administrative Tribunal Act 2013 (NSW). It assessed whether CEU was unable to manage her legal affairs due to incapacity, and if so, to what extent. The court considered the nature of the legal proceedings, the complexity of the issues, and CEU's capacity to manage her own affairs. The court noted that while CEU had some cognitive impairment, it did not deem her as entirely incapable of representing herself in the proceedings. However, the court recognised that CEU's cognitive impairment might affect her ability to manage the proceedings effectively.

The court exercised its discretion and appointed a guardian ad litem for CEU from the Guardian Ad Litem Panel, while declining to appoint one for the University of Technology, Sydney. The court ordered that the four proceedings be listed for directions to ensure effective case management. The final orders included the appointment of a guardian ad litem from the Guardian Ad Litem Panel for CEU, the refusal of CEU’s application for a guardian ad litem for the University of Technology, Sydney, and the listing of the proceedings for directions on 28 August 2018.