Clause 5

by deleting the words “next friend” in subsection (1) and substituting the words “litigation representative”; and

by deleting subsections (2) and (3) and substituting the following subsections:“(2) In any suit or proceeding in which a minor is a party or in which it becomes necessary to add a minor as a party to the suit or proceeding, the court may, of its own motion or on the application of the Public Trustee or any other person, appoint the Public Trustee to act as litigation representative of the minor in the suit or proceeding.(3) A court is to consider the views of the Public Trustee before deciding whether to appoint the Public Trustee as litigation representative of a minor —

on the application of a person other than the Public Trustee under subsection (1);

of its own motion under subsection (2); or

on the application of a person other than the Public Trustee under subsection (2).”.