Macura v Sarasevic

The appeal concerned the appellant, Macura, who had been represented by a tutor before the primary judge. The dispute revolved around whether the appellant continued to be under a legal incapacity for the purposes of rule 7.14 of the *Uniform Civil Procedure Rules 2005* (NSW) and whether the requirement for proceedings to be commenced or carried on by a tutor should be dispensed with, given a change in the appellant's circumstances since the initial appointment.

The court was required to determine whether the appellant remained under a legal incapacity necessitating representation by a tutor. It also had to consider whether to exercise its discretion to dispense with the requirement for the appellant to proceed with a tutor, in light of any changes in their circumstances since the tutor was appointed by the primary judge.

White JA, in considering the application, dispensed with any requirement that the appellant not commence or carry on these proceedings except with a tutor. The court ordered that the costs of this application be the appellant's costs in the appeal.