Attorney-General Regulation 2021

For section 9A of the Act, this section prescribes the way an application for the Attorney-General’s fiat under section 7(1)(g) of the Act must be made.

The application must contain the following information—

the applicant’s name, phone number, postal address and email address;

the reasons the applicant can not obtain complete relief in the proceeding if the fiat is not granted;

whether the applicant has pursued other forms of relief, including, for example, mediation.

The application must be accompanied by the following documents—

a copy of the originating process, or proposed originating process, for the proceeding;

a certificate signed by counsel stating—

that the applicant can not obtain complete relief if the fiat is not granted; and

that the originating process, or proposed originating process, is appropriate for the fiat; and

if the fiat is to start a proceeding—that it is appropriate to start the proceeding in the Attorney-General’s name; and

if the fiat is to continue a proceeding—

the stage of the proceeding; and

that it is appropriate to continue the proceeding in the Attorney-General’s name;

an opinion from counsel as to the prospects of success of the proceeding, detailing the facts of the case and explaining the proceeding;

a certificate signed by the applicant’s solicitor stating that the applicant is an appropriate person to act as relator in the proceeding;

a document signed by the applicant or the applicant’s solicitor undertaking that—

the proceeding is at the sole risk and cost of the applicant; and

the applicant will pay all of the Attorney-General’s costs of the proceeding, including any costs payable by the Attorney-General to a party; and

the applicant indemnifies the Attorney-General for the proceeding; and

the applicant will give the Attorney-General copies of all pleadings and other court documents for the proceeding; and

the applicant will not do any of the following without the prior approval of the Attorney-General—

amend the originating process for the proceeding;

discontinue the proceeding or withdraw part of it;

withdraw all or part of any answer to a counterclaim in the proceeding;

settle all or part of the proceeding.