Authorisation (Form 21)

Rule 25.7 of the Uniform Civil Rules 2020 (SA) deals with self-represented co-parties: co-applicants, co-respondents, co-third parties, co-interested parties and co-appellants. The starting point is that each self-represented co-party must file their own separate documents (r 25.7(2)). A co-party may instead sign and file an authorisation in Form 21 allowing another co-party (the authorised co-party) to file and serve documents on their behalf (r 25.7(3)). The authorisation stays in force until the party who gave it files a deauthorisation in Form 22 (r 25.7(4)), and while it is in force that party is bound by what the authorised co-party does in filing and serving documents (r 25.7(6)). Both the authorisation and any deauthorisation must be served on each other party as soon as practicable (r 25.7(5)).

When you need it

• You and another party on the same side of a case, such as two co-respondents, are both self-represented and want one of you to handle filing and service.
• You want documents in the case to be filed once for both of you rather than separately.
• Not needed where a law firm acts for the co-parties; the firm files a notice of acting instead (r 25.2).

1. 1

   Complete the heading

   Delete all but the correct court (Supreme, District, Magistrates, ERD or Youth), add Court of Appeal, minor civil or the list if applicable, and name each party with capacity and party number, using the case number.

2. 2

   Identify the authorised co-party

   In the panel, give the party title, full name, address for service (street, suburb, state, postcode, country), email and phone of the co-party you are authorising. Duplicate the panel if needed.

3. 3

   Sign the authorisation

   The authorisation reads "[I/We] authorise the above named to file and serve documents on [my/our] behalf". Each authorising co-party signs, prints their name and dates it. For a company, add the office held by the signatory, such as director or secretary.

• File the authorisation in the proceeding through CourtSA or at a registry.
• Serve it on each other party as soon as practicable (r 25.7(5)). The form notes that parties must give an email address and documents will be served by email except where the rules require personal service.
• To end the arrangement, file and serve a deauthorisation in Form 22 (r 25.7(4)-(5)). Until you do, the authorisation remains in force.

• You are bound by the authorised co-party's filing and service while the authorisation is in force (r 25.7(6)), so stay in touch and check what is filed in your name.
• An authorisation covers filing and serving documents only. It does not let the co-party appear for you; a person generally cannot be represented by someone who is not a lawyer (r 25.6(1)).
• Keep your own address for service up to date with a Form 25 if it changes (r 44.2).