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Court Procedures Rules
30Who may start and carry on a proceeding
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30 Who may start and carry on a proceeding
(1) An individual may start and carry on a proceeding in the court—
(b) by a solicitor acting for the individual.
Note Rule 275 (1) (Person with legal disability—litigation guardian to start
proceeding etc) provides that a person with a legal disability may start or
defend, and carry on, a proceeding only by the person’s litigation
(2) However, a relator may only start and carry on a proceeding by a
solicitor acting for the relator.
Note A relator is a person who starts and carries on a proceeding in the
Attorney-General’s name. A person may bring a proceeding as relator
with the Attorney-General’s permission (or fiat) where the proceeding
involves the public interest and the person would otherwise not have
standing to bring the proceeding.
(3) A solicitor may act for a relator in a proceeding only if—
(a) the relator has given the solicitor written authority to act in the
(b) the authority is filed in the court.
(4) A corporation may start and carry on a proceeding in the Supreme
(a) by a solicitor acting for the corporation; or
(b) with the court’s leave, by an officer or employee of the
corporation authorised by the corporation to represent it.
Rule 30
(5) If an application for leave under subrule (4) is made during the
proceeding or after judgment is given in the proceeding, the
application must be made in accordance with part 6.2 (Applications
in proceedings).
(6) For the Supreme Court, if an application for leave under subrule (4)
is made before the proceeding starts, the application must be made by
(7) A corporation may start and carry on a proceeding in the Magistrates
(a) by a solicitor acting for the corporation; or
(b) by an officer or employee of the corporation authorised by the
corporation to represent it.
(8) An officer or employee mentioned in subrule (7) must file with the
first document that is filed in the court for the corporation in the
(a) an affidavit stating—
(i) the position the person holds in the corporation; and
(ii) that the person has been authorised by the corporation to
represent the corporation in the proceeding; and
(iii) that the authority has not been revoked; and
(iv) that the person is aware that the person may be liable to pay
some or all of the costs of the proceeding; and
(b) a copy of an instrument authorising, or evidencing the
authorisation of, the person to represent the corporation in the
Note An instrument is defined in the Legislation Act, s 14 as any writing or
other document. Writing and document are defined in the Legislation
Act, dict, pt 1.
Rule 31