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)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. 22 s 4

3Repeal

The Attorney-General Regulation 2010, SL No. 234 is repealed.