Attorney-General Regulation 2021

1Short title

This regulation may be cited as the Attorney-General Regulation 2021.

2Application for fiat—Act, s 9A

(1)For section 9A of the Act, this section prescribes the way an application for the Attorney-General’s fiat under section 7(1)(g) of the Act must be made.

(2)The application must contain the following information—

(a)the applicant’s name, phone number, postal address and email address;

(b)the reasons the applicant can not obtain complete relief in the proceeding if the fiat is not granted;

(c)whether the applicant has pursued other forms of relief, including, for example, mediation.

(3)The application must be accompanied by the following documents—

(a)the proposed originating process;

(b)a certificate signed by counsel stating that—

(i)the proceeding is appropriate to be started in the Attorney-General’s name; and

(ii)the originating process is appropriate for the Attorney-General’s fiat; and

(iii)the applicant can not obtain complete relief if the fiat is not granted;

(c)an opinion from counsel as to the prospects of success of the proceeding, detailing the facts of the case and explaining the proceeding;

(d)a certificate signed by the applicant’s solicitor stating that the applicant is an appropriate person to act as relator in the proceeding;

(e)a document signed by the applicant or the applicant’s solicitor undertaking that—

(i)the proceeding is at the sole risk and cost of the applicant; and

(ii)the applicant will pay all of the Attorney-General’s costs of the proceeding including any costs payable by the Attorney-General to a party; and

(iii)the applicant indemnifies the Attorney-General for the proceeding; and

(iv)the applicant will give the Attorney-General copies of all pleadings and other court documents for the proceeding; and

(v)the applicant will take any of the following steps only with the Attorney-General’s approval—

(A)amend the originating process for the proceeding;

(B)discontinue the proceeding or withdraw part of it;

(C)withdraw all or part of any answer to a counterclaim;

(D)settle all or part of the proceeding.

(3)The application must be accompanied by the following documents—

(a)a copy of the originating process, or proposed originating process, for the proceeding;

(b)a certificate signed by counsel stating—

(i)that the applicant can not obtain complete relief if the fiat is not granted; and

(ii)that the originating process, or proposed originating process, is appropriate for the fiat; and

(iii)if the fiat is to start a proceeding—that it is appropriate to start the proceeding in the Attorney-General’s name; and

(iv)if the fiat is to continue a proceeding—

(A)the stage of the proceeding; and

(B)that it is appropriate to continue the proceeding in the Attorney-General’s name;

(c)an opinion from counsel as to the prospects of success of the proceeding, detailing the facts of the case and explaining the proceeding;

(d)a certificate signed by the applicant’s solicitor stating that the applicant is an appropriate person to act as relator in the proceeding;

(e)a document signed by the applicant or the applicant’s solicitor undertaking that—

(i)the proceeding is at the sole risk and cost of the applicant; and

(ii)the applicant will pay all of the Attorney-General’s costs of the proceeding, including any costs payable by the Attorney-General to a party; and

(iii)the applicant indemnifies the Attorney-General for the proceeding; and

(iv)the applicant will give the Attorney-General copies of all pleadings and other court documents for the proceeding; and

(v)the applicant will not do any of the following without the prior approval of the Attorney-General—

(A)amend the originating process for the proceeding;

(B)discontinue the proceeding or withdraw part of it;

(C)withdraw all or part of any answer to a counterclaim in the proceeding;

(D)settle all or part of the proceeding.

s 2 amd 2024 SL No. 22s 4

3Repeal

The Attorney-General Regulation 2010, SL No. 234 is repealed.