42Proper basis certification

42 Proper basis certification

S. 42(1) substituted by No. 62/2012 s. 14(1).

(1) A legal practitioner acting for or on behalf of a party to the proceeding must file a proper basis certification which complies with this section in the following circumstances—

(a) on the filing of a party's first substantive document in a civil proceeding;

(b) on the filing of any subsequent substantive document in a civil proceeding which—

(i) adds or substitutes a party; or

(ii) makes, adds or substitutes a claim or cause of action; or

(iii) makes, adds or substitutes a substantive defence or substantive matter by way of response or reply; or

(iv) makes, adds or substitutes a material allegation denial or non-admission of fact or law; or

(v) makes any significant amendment to a first substantive document or a subsequent substantive document;

(c) as provided for by rules of court;

(d) as directed by the court in any civil proceeding.

S. 42(1A) inserted by No. 62/2012 s. 14(1).

(1A) In the case of a civil proceeding which involves allegations of fact, a legal practitioner making a proper basis certification must certify that on the factual and legal material available—

(a) each allegation of fact in the document has a proper basis;

(b) each denial in the document has a proper basis;

(c) there is a proper basis for each non-admission in the document.

S. 42(1B) inserted by No. 62/2012 s. 14(1).

(1B) In the case of a civil proceeding commenced by originating motion seeking a particular legal relief or remedy, a legal practitioner making a proper basis certification must certify, as the case requires, that on the factual and legal material available—

(a) the claim in the document, or a response to a claim in the document, has a proper basis; or

(b) the question posed by the party to the court in the document, or a response to a question posed, has a proper basis.

S. 42(1C) inserted by No. 62/2012 s. 14(1).

(1C) Despite subsections (1) to (1B), a legal practitioner is not required to make a proper basis certification if rules of court provide that a process or document is exempt from the proper basis certification requirement because it is administrative in nature.

Example

Registration of judgments.

(2) A proper basis certification must be in accordance with the rules of court.

(3) For the purposes of this section, a determination by a legal practitioner—