Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 (F2021L01220) - RULE 9.03

Withdrawal as lawyer

             (1)  A lawyer for a party may withdraw from the record in a proceeding by filing a notice of withdrawal, in accordance with the approved form, and serving the notice on each other party.

             (2)  However, a lawyer may not file or serve a notice of withdrawal without leave of the Court unless the lawyer has, not less than 7 days before filing the notice, served a notice of intention to withdraw on the party for whom the lawyer is acting.

             (3)  A notice of intention to withdraw must be in accordance with the approved form.

             (4)  A lawyer may serve a notice of intention to withdraw on a party by:

                     (a)  posting it to the residential or business address of the party last known to the lawyer; or

                     (b)  emailing it to the email address of the party last known to the lawyer.

             (5)  If a party's lawyer withdraws from the record, the party's last known residential or business address is the address for service until:

                     (a)  the party appoints another lawyer; or

                     (b)  the party files a notice of address for service.

Note:          If a party's address for service changes for any reason during a proceeding, the party must file a notice of address for service (see rule 6.02).



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