I want to represent a corporation

A corporation (or company) will need to be represented by a solicitor, unless special circumstances apply.

Rule 1.17 of the County Court Civil Procedure Rules 2018 provides that, “Except where otherwise provided by or under any Act or these Rules, a corporation, whether or not a party, shall not take any step in a proceeding save by a solicitor”.

An authorised person (such as the director) can file a notice of appearance for a corporation, but will not be able to take any other step in a proceeding unless either:

  • a notice that solicitors act for the corporation is filed, or
  • permission of the Court is given for some other person to act on the corporation’s behalf.

An application to represent a corporation will need to be made by email to the appropriate division of the Court. You will also need to file an affidavit explaining the reasons that support why the case should be able to continue without lawyer, and exhibit (attach) an ASIC report that shows the applicant as a director of the corporation.

If there is more than one director of the corporation, all directors will need to provide signed consent to the application. This application must be served to all parties on the proceeding.

The information on this page relates to proceedings in the Commercial or Common Law Divisions. If your matter is in the Criminal Division, visit our Criminal Division page.

For an explanation of common legal terms and phrases, please see our glossary.

Was this page helpful?

Page last updated: 28 November 2018