Tu v Chang

In Tu v Chang, the applicant, Tu, sought an order appointing the NSW Trustee and Guardian as Tu's litigation representative in a proceeding. The application was made under rule 9.63 of the Federal Court Rules 2011 (Cth). The legal issues for the Court to decide were whether the application was properly filed and whether the consent and certificate filed by Tu and the NSW Trustee and Guardian were in compliance with rule 9.64 of the Federal Court Rules 2011 (Cth). The Court had to determine if Tu was a person with impaired decision-making capacity and if the appointment of the NSW Trustee and Guardian was in Tu's best interests. The Court found that the application was properly filed and that the consent and certificate were in compliance with rule 9.64. The Court concluded that Tu was a person with impaired decision-making capacity and that the appointment of the NSW Trustee and Guardian was in Tu's best interests. The NSW Trustee and Guardian was therefore appointed as Tu's litigation representative.