Documents to be filed to contain certain information
4.2 Documents to be filed to contain certain information
(cf SCR Part 1, rule 10, Part 7, rule 2, Part 11, rule 4, Part 65, rule 1; DCR Part 5, rule 2; LCR Part 36, rule 7)
Originating process filed on behalf of a party in any proceedings must contain the following information—
the name of the court in which the proceedings are to be commenced,
if relevant, the division in which the proceedings are intended to be heard,
if relevant, the list in which the proceedings are intended to be entered,
the venue at which the proceedings are intended to be heard,
the title of the proceedings,
the nature of the process (summons or statement of claim),
if the party has engaged a solicitor to act as the party’s legal representative, the name of the solicitor,
if the process is filed by a person who is neither the party nor the party’s solicitor or solicitor’s agent, the capacity in which the person acts when filing the document,
the party’s address and the party’s address for service,
if the party has engaged a solicitor to act as the party’s legal representative—
the telephone number at which the party’s solicitor may be contacted, and
the email address of the party’s solicitor,
if the party has not engaged a solicitor to act as the party’s legal representative—
the telephone number at which the party may be contacted, and
the email address of the party or, if the party has no email address, a statement that the party has no email address,
the address, if known, of any defendant.
Note.
A solicitor named on the originating process pursuant to paragraph (e1) is thereby the solicitor on the record in relation to the party on whose behalf the process is filed.
A document filed on behalf of a person in relation to any proceedings (other than originating process) must contain the following information—
the title of the proceedings, as appearing on the originating process for the proceedings,
if relevant, the division in which the proceedings are intended to be heard,
if relevant, the list in which the proceedings are intended to be entered,
the case number for the proceedings, as appearing on the originating process for the proceedings,
the nature of the document,
if the person has engaged a solicitor to act as the person’s legal representative, the name of the solicitor,
if the document is filed by a person who is neither a party nor a party’s solicitor or solicitor’s agent, the capacity in which the person acts when filing the document,
if the person has engaged a solicitor to act as the person’s legal representative—
the telephone number at which the person’s solicitor may be contacted, and
the email address of the person’s solicitor,
if the person has not engaged a solicitor to act as the person’s legal representative—
the telephone number at which the person may be contacted, and
the email address of the person or, if the person has no email address, a statement that the person has no email address.
Note 1.
In relation to paragraph (c), see rule 9.1(4) and (5) which require cross-claims to be numbered.
Note 2.
A solicitor named in the document pursuant to paragraph (d1) is thereby the solicitor on the record in relation to the party on whose behalf the document is filed.
An email address of the party’s solicitor or of the person’s solicitor (as the case may be) in subrules (1)(g1) and (2)(f) means—
the email address of the solicitor on the record, or
the email address of the contact solicitor, or
an email address of the solicitor’s firm which is regularly monitored and from which any emails can be forwarded to the solicitor on the record or the contact solicitor.
Note.
The terms solicitor on the record and contact solicitor are defined in the Dictionary.
A notice to be filed under Division 9 of Part 78 of the Supreme Court Rules 1970, or a caveat to be filed under Division 10 of that Part, must contain the following information—
if the notice or caveat relates to proceedings already commenced—
the title of the proceedings, as appearing on the originating process for the proceedings, and
if relevant, the division in which the proceedings are intended to be heard, and
if relevant, the list in which the proceedings are intended to be entered,
the case number or unique identifier assigned to the notice or caveat under rule 64 or 73 of that Part, as the case may be,
the nature of the document,
if the person has engaged a solicitor to act as the person’s legal representative, the name of the solicitor,
if the notice or caveat is filed by a person who is neither a party nor a party’s solicitor or solicitor’s agent, the capacity in which the person acts when filing the notice or caveat.
The originating process and any such document may also contain the DX address or fax number of the person, the person’s solicitor or the person’s solicitor’s agent.
Court documentation within the meaning of clause 4 (Restrictions on commencing proceedings without reasonable prospects of success) of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 that is not required by that section to be certified must include a statement to the effect that it is not required to be so certified.
Subrule (3A) does not apply to documents that are filed in the Land and Environment Court in relation to proceedings in Class 1, 2 or 3 of that Court’s jurisdiction.
In this rule, originating process does not include any process (such as a statement of cross-claim or cross-summons) by which a cross-claim is made.
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