72
In forceOriginating process—solicitor’s statement about filing
Chapter 2Civil proceedings generally
Part 2.2Starting civil proceedings
Division 2.2.4Rules about originating process
72 Originating process—solicitor’s statement about filing
(1)
This rule applies if—
(a)
it appears from an originating process that the plaintiff is represented by a solicitor; and
(b)
a defendant to the proceeding asks the solicitor in writing whether the process was filed by the solicitor.
(2)
The solicitor must tell the defendant in writing whether the process was filed in the court by the solicitor.
(3)
If the solicitor tells the defendant that the solicitor did not file the process, the defendant may apply to the court to stay the proceeding.
Note
Pt 6.2 (Applications in proceedings) applies to an application to stay the proceeding.
(4)
On the defendant’s application, the court may stay the proceeding.
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