PRACTICE MANUAL OF THE SOUTH GAUTENG HIGH COURT

Practice Manual of the South Gauteng High Court
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CHAPTER TEN: PARTICULAR APPLICATIONS

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10.7 CURATOR AD LITEM

  1. Where the appointment of a curator ad litem is sought to assist a litigant in the institution or conduct of litigation, the applicant must establish the experience of the proposed curator ad litem in the type of litigation which the litigant wishes to institute or conduct.
  2. A consent to act by the proposed curator ad litem must be annexed to the application.
  3. In order to preclude giving notice of the application to the prospective defendant, the applicant should seek that the costs of the application be reserved for determination in the contemplated trial.
  4. The order sought should only permit the proposed curator to settle the action with the approval of a judge.
  5. Where the curator ad litem requires the approval of the court to settle the action, the curator ad litem and plaintiff’s counsel may approach the deputy judge president for the allocation of a judge in chambers to approve the settlement.

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