UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.2 Affidavit as to authority to commence and carry on proceedings in Supreme Court or District Court

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.2

7.2 Affidavit as to authority to commence and carry on proceedings in Supreme Court or District Court

(cf SCR Part 4, rule 4A, Part 11, rule 1A)

(1) A person who commences or carries on proceedings in the Supreme Court or District Court--

(a) as the director of a company within the meaning of the Corporations Act 2001 of the Commonwealth, or

(b) as the authorised officer of a corporation (other than a company within the meaning of the Corporations Act 2001 of the Commonwealth),

must file with the originating process, notice of appearance or defence, as the case may be, an affidavit as to his or her authority to act in that capacity, together with a copy of the instrument evidencing that authority.

(2) The affidavit made by the director of a company within the meaning of the Corporations Act 2001 of the Commonwealth must contain--

(a) a statement to the effect that--

(i) the director is a director of the company, and

(ii) the director has been authorised by a resolution of the directors duly passed at a meeting of directors held on a specified date (which must not be earlier than 21 days before the date of the affidavit) to commence and carry on the proceedings, as the case requires, and

(iii) the authority has not been revoked, and

(iv) the director is aware that he or she may be liable to pay some or all of the costs of the proceedings, or

(b) a statement to the effect that--

(i) the director is the managing or governing director of the company and has authority to exercise the powers of the directors, and

(ii) the director is aware that he or she may be liable to pay some or all of the costs of the proceedings.

(3) The affidavit made by the authorised officer of a corporation (other than a company within the meaning of the Corporations Act 2001 of the Commonwealth) must contain a statement to the effect that--

(a) the officer is the holder of a specified office within the corporation, and

(b) the officer has been authorised by the corporation to commence and carry on the proceedings, and

(c) the authority has not been revoked, and

(d) the officer is aware that he or she may be liable to pay some or all of the costs of the proceedings.