By virtue of the Supreme Court (Chapter I Amendment No. 21) Rules 2010 and the Civil Procedure Act, 2010 This is what solicitors using the Supreme Court of Victoria are going to have to sign before lodging pleadings as of next year:
‘In accordance with section 42 of the Civil Procedure Act 2010, I [name of legal practitioner or if not legally represented, name of party] certify to the Court that, in relation to the document [identify document to which certification relates] filed on behalf of [specify party], on the factual and legal material available to me at present:
(a) each allegation of fact in the document has a proper basis;
*(b) each denial in the document has a proper basis;
*(c) there is a proper basis for each non-admission in the document.
*Delete if not applicable.’
I will be interested to learn what a proper basis for a non-admission is.
- Hercules and the Magistrates’ Court rule requiring reasons for denials in defences
- Court of Appeal Explains the Application for Admission to Practice in Victoria
- The obligation not to allege ‘fraud’ without an appropriate evidentiary foundation: what is ‘fraud’?
- Rules relating to unjustified allegations of fraud, etc.
- Preliminary discovery and the need to have an adequate factual foundation before pleading fraud