Victorian Numbered Acts Victorian Numbered Acts(1) For section 42(1) of the Principal Act substitute —
"(1) A legal practitioner acting for or on behalf of a party to the proceeding must file a proper basis certification which complies with this section in the following circumstances—
(a) on the filing of a party's first substantive document in a civil proceeding;
(b) on the filing of any subsequent substantive document in a civil proceeding which—
(i) adds or substitutes a party; or
(ii) makes, adds or substitutes a claim or cause of action; or
(iii) makes, adds or substitutes a substantive defence or substantive matter by way of response or reply; or
(iv) makes, adds or substitutes a material allegation denial or non-admission of fact or law; or
(v) makes any significant amendment to a first substantive document or a subsequent substantive document;
(c) as provided for by rules of court;
(d) as directed by the court in any
civil proceeding.
s. 14
(1A) In the case of a civil proceeding which involves allegations of fact, a legal practitioner making a proper basis certification must certify that on the factual and legal material available—
(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.
(1B) In the case of a civil proceeding commenced by originating motion seeking a particular legal relief or remedy, a legal practitioner making a proper basis certification must certify, as the case requires, that on the factual and legal material available—
(a) the claim in the document, or a response to a claim in the document, has a proper basis; or
(b) the question posed by the party to the court in the document, or a response to a question posed, has a proper basis.
(1C) Despite subsections (1) to (1B), a legal practitioner is not required to make a proper basis certification if rules of court provide that a process or document is exempt from the proper basis certification requirement because it is administrative in nature.
Example
Registration of judgments.".
(2) In section 42(3) of the Principal Act—
(a) in paragraph (b) for "untrue." substitute "untrue; or";
(b) after paragraph (b) insert —
"(c) as to whether any claim, response to a claim, question posed or response to a question posed has a proper basis, on the factual and legal material available, must be based on a reasonable belief that the claim, response to a claim, question or response to a question has a proper basis.".