Supreme Court Rules (Amendment No 385) 2003 (NSW)

2003 No 884

New South Wales

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).
Published in Gazette No 186 of 28 November 2003, page 10792	Page 1
2003 No 884
Rule 1	Supreme Court Rules (Amendment No 385) 2003

Supreme Court Rules (Amendment No 385) 2003

under the

Supreme Court Act 1970

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.

2003 No 884

Supreme Court Rules (Amendment No 385) 2003

Amendments	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”.

BY AUTHORITY