Attorney-General Regulation 2010

1Short title

This regulation may be cited as the Attorney-General Regulation 2010.

2Application for a fiat—Act, s 7(1)(g)(ii)

(1)An application for the Attorney-General to grant a fiat to start a proceeding in the Attorney-General’s name to enforce or protect public rights must contain the following information—

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

(b)the reasons why 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, for example, mediation.

(2)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 likelihood of success of the proceeding that details the facts of the case and explains 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 solicitors 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 only take any of the following steps 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)If a proceeding has already started—

(a)this section applies, with necessary changes, to an application in the proceeding; and

(b)the application under this section must state the stage of the proceeding.

3Repeal

The Attorney-General Regulation 2000, SL No. 58 is repealed.