From time to time the directors of corporate entities seek to lodge documents at the court on behalf of the corporation or to otherwise represent it. There are limits on their ability to do so.
Rules of the Supreme Court 1971 (WA) (“RSC”) Order 4 rule 3(2) provides:
RSC Order 12 rule 1(2) provides:
The Court will not accept documents sought to be filed on behalf of a corporate litigant unless they are filed through a solicitor.
There is a limited discretion in the court to allow a director or other representative (not a lawyer) to appear for the corporation at a court hearing (see District Court Act 1969 (WA) s39). A person wishing to appear at a hearing on behalf of a corporate litigant will need to obtain the leave of the Judge or Registrar presiding at the hearing to do so. A person wishing to obtain this leave should write to the Perth Registry of the court not less than 7 days prior to the hearing:
The letter should be copied to each other party.
The letter will be referred to the Judge or Registrar presiding at the hearing.
Click here for the contact details for the Perth Registry of the District Court.
Last updated: 2-Jul-2014
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