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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 4.4 Signing documents

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 4.4

Signing documents

4.4 Signing documents

(cf SCR Part 65, rule 8, Part 66, rule 9; DCR Part 47, rule 5; LCR Part 36, rule 6)

(1) If, in any proceedings, a document is required to be signed by a party--
(a) in the case of a party who is represented by a solicitor, the document may not be signed by the party but must instead be signed--
(i) by the party's solicitor, or
(ii) by a solicitor acting as agent for the party's solicitor, or
(iii) by some other solicitor belonging to or employed by the same firm or organisation as the party's solicitor or party's solicitor's agent, and
(b) in the case of a party who is not represented by a solicitor, the document may be signed by the party and may also be signed by any other person who is authorised by these rules to commence proceedings on the party's behalf.
(2) Subrule (1) is subject to the requirements of rule 35.3.
(3) Despite subrule (1), a document prepared on behalf of a party in proceedings in the Local Court may instead be signed--
(a) by a commercial agent with respect to debt collection (within the meaning of the Commercial Agents and Private Inquiry Agents Act 2004 ), in relation only to proceedings on an application for--
(i) an instalment order, or
(ii) an order for examination, or
(iii) a writ of execution, or
(iv) a garnishee order, or
(b) by a person holding a licence as a real estate agent, strata managing agent or on-site residential property manager within the meaning of the Property, Stock and Business Agents Act 2002 in relation only to--
(i) proceedings on an application referred to in paragraph (a), or
(ii) the filing of a certificate under section 51 of the Consumer, Trader and Tenancy Tribunal Act 2001 .
(4) Despite subrule (1), a document setting out proposed consent orders between the parties to the relevant proceedings may instead be signed on behalf of a party by the party's barrister.