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Supreme Court Rules (Amendment No 385) 2003


Date:
11/17/2003



    Supreme Court Rules (Amendment No 385) 2003

    under the
    Supreme Court Act 1970

    The Supreme Court Rule Committee made the following rules of court under the
    Supreme Court Act 1970 on 17 November 2003.


    Steven Jupp
    Secretary of the Rule Committee


    Explanatory note
    The object of these Rules is to amend the Supreme Court Rules 1970 to deal with certain
    matters relating to multi-disciplinary partnerships (that is, partnerships of solicitors and
    non-solicitors) and solicitor corporations. These rules provide that:
    (a) only a partner of a solicitor, or the partner of an agent of a solicitor, who is a
    solicitor (and not a partner who is not solicitor) may sign a document for the
    purpose of any proceedings on behalf of the solicitor under rule 9 of Part 66 of
    the Supreme Court Rules 1970, and
    (b) a document that may be executed on behalf of a solicitor corporation under
    rule 9 (1A) of Part 66 of the Supreme Court Rules 1970 must be signed by a
    person who is a solicitor (and not merely have the corporation’s seal affixed or be
    signed by a director of the corporation who is not a solicitor), and
    (c) an act, matter or thing that is authorised or required to be done by a solicitor may
    be done by a director, officer or employee of a solicitor corporation who is a
    solicitor on behalf of the corporation under rule 10 of Part 66 of the Supreme
    Court Rules 1970 (and not by a director of the corporation who is not a solicitor).

    1 Name of Rules
    These Rules are the Supreme Court Rules (Amendment No 385)
    2003.
    2 Amendment of Supreme Court Rules 1970
    The Supreme Court Rules 1970 are amended as set out in
    Schedule 1.

    Schedule 1 Amendments
    (Rule 2)
    [1] Part 66 rule 9
    Insert “a solicitor who is” before “a partner” in rule 9 (1) (a).
    [2] Part 66 rule 9 (1) (c)
    Insert “a solicitor who is” before “a partner”.
    [3] Part 66 rule 9 (1A) (a)
    Insert “it is signed by a solicitor and” before “it has”.
    [4] Part 66 rule 9 (1A) (b)
    Omit the paragraph. Insert instead:
    (b) it is signed by a solicitor who is a director, officer or
    employee of the corporation.
    [5] Part 66 rule 10
    Omit “director of the corporation or by an officer or employee of the
    corporation who is a solicitor”.
    Insert “solicitor who is a director, officer or employee of the corporation”.



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