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— (a) as to whether any allegation or denial of fact has a proper basis, on the factual and legal material available, must be based on a reasonable belief as to the truth or untruth of the allegation or denial; or S. 42(3)(b) amended by No. 62/2012 s. 14(2)(a). (b) as to the proper basis of any non-admission is that the legal practitioner does not know, and therefore cannot say, whether a fact alleged or denial is true or untrue; or S. 42(3)(c) inserted by No. 62/2012 s. 14(2)(b). (c) as to whether any claim, response to a claim, question posed or response to a question posed has a proper basis, on the factual and legal material available, must be based on a reasonable belief that the claim, response to a claim, question or response to a question has a proper basis. (4) If a party is not represented by a legal practitioner— (a) the proper basis certification must be completed personally by that party; and (b) a reference in this section to "legal practitioner" is to be construed as a reference to that party. S. 43 repealed by No. 1/2011 s. 8. * * * * *