Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 3.10

  (1)   A lawyer may cease to act for a party:

  (a)   by:

  (i)   serving on the party a Notice of Ceasing to Act and a blank Notice of Address for Service; and

  (ii)   no sooner than 7 days after serving the notices, filing a copy of the Notice of Ceasing to Act; or

  (b)   with the leave of the court.

  (1A)   A lawyer must not file a Notice under subrule (1) within 14 days before the day fixed for a final hearing except with the leave of the court, which must be sought in writing.

  (2)   If:

  (a)   a party's address for service is the party's lawyer's address; and

  (b)   the lawyer ceases to act for the party;

then, until the party files a Notice of Address for Service, the party's address for service is:

  (c)   the party's last known email address; and

  (d)   the party's last known residential address, unless disclosing this address would compromise the party's safety.

  (3)   If, in a parenting proceeding, a lawyer ceasing to act for a party does not disclose the party's last known residential address to another party or parties, the lawyer must provide the address to the court by email and the address must not be disclosed other than in accordance with an order of the court.