Part 63 – Change of Legal Practitioner

Scope of this Part

 63.1

1. This Part deals with the procedure where –
   1. a legal practitioner acts in the place of a party in person;
   2. a party who has previously acted by a legal practitioner acts in person; or
   3. there is a change of legal practitioner.

 Change of legal practitioner    

 63.2

1. When a party changes its legal practitioner the new legal practitioner must –
   1. file a notice of acting which states the legal practitioner’s business name, address, telephone number and FAX number (if any);
   2. serve a copy of the notice on every other party and the former legal practitioner; and
   3. file a certificate of service.

Notice of appointment of legal practitioner

63.3

1. If a person who has previously acted in person instructs a legal practitioner, that legal practitioner must –
   1. file notice of acting at the court office which states the legal practitioner’s business name, address, telephone number and FAX number (if any);
   2. serve a copy of the notice on every other party; and
   3. file a certificate of service.

Party acting in person

63.4

1. If  a party who has previously been represented by a legal practitioner decides to act in person, that party must –
   1. file notice of acting in person at the court office which states the address, an address for service within the jurisdiction, telephone number and FAX number (if any) of that party;
   2. serve a copy of the notice on every other party and the former legal practitioner; and
   3. file a certificate of service.

Application by another party to remove legal practitioner from record

63.5

1. If –
   1. a legal practitioner on record for a party has –
      1. become bankrupt;
      2. been removed from the roll;
      3. died; or
      4. failed to take out a practising certificate; and
   2. notice of the appointment of a new legal practitioner under rule 63.2 or of the party acting in person under rule 63.4 has not been received; any other party may apply to the court for an order declaring that the legal practitioner in question has ceased to act.
2. An application under this Part must be supported by evidence on affidavit and must be served on the legal practitioner (if practicable) and personally on the client.
3. Any order made must be served by the applicant on the legal practi­tioner or former legal practitioner (if practicable) and personally on the client.
4. The applicant must file a certificate of service of the order.

Application by legal practitioner to be removed from record

63.6

1. A legal practitioner who wishes to be removed from the record as acting for a party may apply to the court for an order that he or she be removed from the record.
2. The application must be on notice to the client or former client and to all other parties.
3. The application must be supported by evidence on affidavit which must be served on the client but must not be served on any other party to the proceedings.
4. Any order made must be served by the applicant on the other parties’ legal practitioners and personally on the former client.
5. The applicant must file a certificate of service of the order.

 Time when notice or order takes effect

63.7

1. Any notice under rule 63.2, 63.3 or 63.4, or order under rule 63.5 or 63.6 does not take effect until service.