Justice denied: When a litigation guardian cannot be found for an adult litigant in need – Term of Reference (d) 2026

In response to terms of reference endorsed by the Attorney-General, the Council considered ways to improve access to, and availability of, litigation support for a party in family law proceedings who does not have decision-making capacity.

The report recommends litigation guardian panels be established nationally (with supporting amendments to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021) to ensure adults lacking capacity can participate in family law proceedings when no guardian is otherwise available.

The Attorney-General received this report on 24 June 2026.