Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 August 2020 at 16:37)
Part 7 Division 1
Division 1 General
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 commercial agent with respect to debt collection (within the meaning of the Commercial Agents and Private Inquiry Agents Act 2004), 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.
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.
7.3   Issue of subpoena in certain circumstances requires leave
(cf SCR Part 66, rule 1A)
(1)  A subpoena may not be issued, except by leave of the court, unless the party at whose request the subpoena is to be issued is represented by a solicitor in the proceedings.
(2)  Leave under subrule (1) may be given either generally or in relation to a particular subpoena or subpoenas.
(3)  Despite subrule (1), a subpoena may not be issued in relation to proceedings in the Small Claims Division of the Local Court, except by leave of the court, in any circumstances.
7.3A   Notice of change of address by party
(1)  A party who changes his or her address must, within a reasonable time after the change, file a notice of the change.
(2)  A copy of the notice of change, as filed, must be served on all other active parties.
(3)  It is sufficient compliance with this rule if—
(a)  the new address of the party is also his or her address for service, and
(b)  the party has changed his or her address for service to the new address in accordance with rule 4.6.