UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.1 By whom proceedings may be commenced and carried on

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.1

7.1 By whom proceedings may be commenced and carried on

(cf SCR Part 4, rules 4 and 4A, Part 66, rule 1; Act No 9 1973, section 43; Act No 11 1970, section 11)

(1) A natural person may commence and carry on proceedings in any court, either by a solicitor acting on his or her behalf or in person.

(1A) Despite subrule (1), but subject to subrule (5), the court may order that proceedings commenced by a natural person acting on behalf of another person pursuant to a power of attorney be carried on, on behalf of that other person, by a solicitor.

(2) A company within the meaning of the Corporations Act 2001 of the Commonwealth--

(a) may commence and carry on proceedings in any court by a solicitor or by a director of the company, and

(b) may commence and, unless the court orders otherwise, carry on proceedings in the Local Court by a duly authorised officer or employee of the company.

(3) In the case of proceedings in the Supreme Court, subrule (2)(a) authorises a company to commence proceedings by a director only if the director is also a plaintiff in the proceedings.

(4) A corporation (other than a company within the meaning of the Corporations Act 2001 of the Commonwealth)--

(a) may commence and carry on proceedings in any court by a solicitor, and

(b) may commence and carry on proceedings in any court (other than the Local Court) by a duly authorised officer of the corporation, and

(c) may commence and, unless the court orders otherwise, carry on proceedings in the Local Court by a duly authorised officer or employee of the corporation.

(4A) Despite subrules (1)-(4), any person may commence and, unless the Commission orders otherwise, carry on proceedings in the Industrial Relations Commission by an industrial agent within the meaning of the Industrial Relations Act 1996 .

(4B) Subrule (4A) does not apply to or in respect of proceedings in the Industrial Relations Commission when constituted as the Industrial Court.

(5) Despite subrules (1)-(4), any person may commence and, unless the court orders otherwise, carry on proceedings in the Local Court--

(a) by a person who carries out commercial agent activity that is debt collection within the meaning of section 60 of the Fair Trading Act 1987 , 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 .

(6) A solicitor who is a person's solicitor on the record must hold an unrestricted practising certificate.

Note : The term
"solicitor on the record" is defined in the Dictionary.