Podcast
Questions and Answers
Who can appear in the High Court to conduct their own case?
Who can appear in the High Court to conduct their own case?
When is a Power of Attorney (POA) required in the context of representation?
When is a Power of Attorney (POA) required in the context of representation?
What must an attorney do upon being instructed by a client in the High Court?
What must an attorney do upon being instructed by a client in the High Court?
What is the timeframe for a former client to notify the registrar after revoking their attorney's authority?
What is the timeframe for a former client to notify the registrar after revoking their attorney's authority?
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Who can attorneys and candidate attorneys represent in the Magistrates' Court?
Who can attorneys and candidate attorneys represent in the Magistrates' Court?
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Study Notes
Representation of Parties in the High Court
- Natural persons may personally represent themselves or hire an attorney/advocate with High Court rights of appearance.
- Juristic persons must always instruct an attorney/advocate as they cannot appear in person.
- A Power of Attorney (POA) is required only in the context of an appeal.
- Parties can challenge the authority of the opposing representation, but a valid POA resolves such disputes before judgment.
- When representing a client, it is mandatory to notify the opposition of your representation, including providing the client's name and address.
- If a client revokes the attorney’s authority, the attorney must notify the court registrar, the opposing party, and the former client.
- The former client has 10 days to inform the registrar and opposition in writing and must provide a service address within an 8 km radius of the court.
Representation of Parties in the Magistrates’ Court
- Natural persons can also represent themselves or engage an attorney, advocate, or candidate attorney.
- Advocates are specifically limited to drafting pleadings, applications, and conducting court appearances but require briefing from an attorney beforehand.
- Candidate attorneys, who meet certain legal conditions, may appear in court on behalf of their principal attorney.
- Juristic entities, including companies, close corporations (CCs), and local authorities, can act through their designated officials or members.
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Description
This quiz covers the various aspects of parties' representation in the High Court. It explains the roles of natural persons and juristic persons, the necessity of a Power of Attorney, and the challenges that can arise regarding representation. Test your understanding of these legal concepts and their implications in court proceedings.
