Court Procedures Rules 2006

An individual may start and carry on a proceeding in the court—

in person; or

by a solicitor acting for the individual.

Rule 275 (1) (Person with legal disability—litigation guardian to start proceeding etc) provides that a person with a legal disability may start or defend, and carry on, a proceeding only by the person’s litigation guardian.

However, a relator may only start and carry on a proceeding by a solicitor acting for the relator.

A relator is a person who starts and carries on a proceeding in the Attorney-General’s name. A person may bring a proceeding as relator with the Attorney-General’s permission (or fiat) where the proceeding involves the public interest and the person would otherwise not have standing to bring the proceeding.

A solicitor may act for a relator in a proceeding only if—

the relator has given the solicitor written authority to act in the proceeding; and

the authority is filed in the court.

A corporation may start and carry on a proceeding in the Supreme Court—

by a solicitor acting for the corporation; or

with the court’s leave, by an officer or employee of the corporation authorised by the corporation to represent it.

If an application for leave under subrule (4) is made during the proceeding or after judgment is given in the proceeding, the application must be made in accordance with part 6.2 (Applications in proceedings).

For the Supreme Court, if an application for leave under subrule (4) is made before the proceeding starts, the application must be made by originating application.

A corporation may start and carry on a proceeding in the Magistrates Court—

by a solicitor acting for the corporation; or

by an officer or employee of the corporation authorised by the corporation to represent it.

An officer or employee mentioned in subrule (7) must file with the first document that is filed in the court for the corporation in the proceeding—

an affidavit stating—

the position the person holds in the corporation; and

that the person has been authorised by the corporation to represent the corporation in the proceeding; and

that the authority has not been revoked; and

that the person is aware that the person may be liable to pay some or all of the costs of the proceeding; and

a copy of an instrument authorising, or evidencing the authorisation of, the person to represent the corporation in the proceeding.

An instrument is defined in the Legislation Act, s 14 as any writing or other document. Writing and document are defined in the Legislation Act, dict, pt 1.