Self Represented Strata Corporations Don’t Need Solicitors Certificates

The NSW Supreme Court recently considered whether a solicitor’s certificate was required in legal proceedings taken by a self represented strata corporation.


Strata Scheme 56963 at Bondi Junction is litigating disputes with its former building manager, BMAUS Pty Ltd, and filed a cross claim against it alleging breach of contract and negligence.


It’s usual in litigation for claim and cross claims to be supported by a certificate signed by a solicitor saying that the has proper legal and factual bases.  That’s because of section 347 of the Legal Profession Act 2004 (NSW)which prohibits law firms from filing documents without a certificate and is designed to tighten up speculative litigation.

But, Strata Scheme 56963 is representing itself in this litigation and court documents are filed by its executive committee members. So, it believed that there was no need to do so (even where it had engaged barrister to assist and prepare court documents) and that BMAUS was wrong insisting that it file a solicitor’s certificate and applied to cancel a court order to do so.

Justice McDougall agreed and in a decision on 12 August 2011 said that –

• Solicitors and barristers are law firms
• Filing court documents is the act of giving a document to the court for placing on the file (and not preparing the document)
• Whilst solicitors could file court documents barristers could not without breach the legal practice rules
• In this case the cross claim was filed by an executive committee member
• The preparation and/or settling of the court document by a barrister was not relevant to the obligations under section 347 of the Legal Profession Act 2004 (NSW)

So, Strata Scheme 56963 did not need to file a section 347 certificate and the order was cancelled.

It’s the first the NSW Supreme Court has decided the issue and clarifies the obligations (or lack of them) of self represented litigants.  And, it makes it easier for strata corporation to run their own cases when appropriate.

So, Strata Scheme 56963 can now run its cross claims itself with the help of solicitors and barristers but without them having to certify things.

The case reference is BMAUS Pty Limited v The Owners – Strata Plan No 56983 [2011] NSWSC 909.

Francesco …