Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 6106

Documents—signing

    (1)     If a party is represented by a solicitor in a proceeding, a document filed in the proceeding for the party that is required to be signed must be signed by—

        (a)     the solicitor; or

        (b)     a solicitor who is the solicitor's agent for the proceeding; or

        (c)     another solicitor belonging to the same firm or other entity (whether as partner or employee) as the solicitor or agent.

    (2)     If a party is not represented by a solicitor in a proceeding, a document filed in the proceeding for the party that is required to be signed must be signed by—

        (a)     the party; or

        (b)     someone else allowed under these rules to start, defend or carry on the proceeding for the party.

Note     If the party is a person with a legal disability, anything required or allowed to be done in the proceeding may be done only by the party's litigation guardian (see r 275 (3) (Person with legal disability—litigation guardian to start proceeding etc)).

    (3)     A person signing a document under subrule (1) or (2) (b) must state the capacity in which the person signs the document.

    (4)     A signature affixed to a document by electronic means complies with subrule (1) and (2).

    (5)     However, subrule (4) does not apply to the following:

        (a)     an affidavit, including—

              (i)     a statement identifying an annexure to an affidavit; or

              (ii)     a certificate identifying an exhibit to an affidavit;

        (b)     a document that is required by these rules to be witnessed.

Note     For the signing and sealing of electronic documents, see r 6124.



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