Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 37 RULE 1

1. (1) A party to proceedings who is represented by a solicitor may employ
another solicitor without an order for that purpose.

(2) Where a party to proceedings changes solicitors, the new solicitor shall
thereupon file in the filing registry a notice of the change, which notice
shall have endorsed thereon the address for service of the party, and shall
serve a copy of the notice on each other party to the proceedings who has an
address for service, and on the former solicitor.

(3) Where a party to proceedings who has not been legally represented
instructs a solicitor to represent the party in the proceedings, that
solicitor shall thereupon file in the filing registry a notice of becoming the
party's solicitor (which notice shall have endorsed thereon the address for
service of that party) and shall on the day on which that notice was filed, or
as soon as practicable thereafter, serve a copy of the notice on each other
party to the proceedings who has an address for service.

(4) Where a party who has been legally represented in proceedings decides to
continue the proceedings without being represented, the party shall thereupon
file a notice that the party is continuing the proceedings without a legal
practitioner, which notice shall have endorsed thereon the address for service
of the party, and shall, on the day on which that notice is filed or as soon
as practicable thereafter serve a copy of the notice on each other party to
the proceedings who has an address for service.

(5) Where-

   (a)  the address for service of a party is the address of a solicitor who
        has represented, but is no longer representing, the party in the
        proceedings;

   (b)  the solicitor has served on the party a notice in accordance with Form
        54 signed by the solicitor personally, and the period of not less than
        7 days has elapsed after service of that notice; and

   (c)  the party has not, since the solicitor ceased, or last ceased, to
        represent the party filed a notice under sub-rule (2) or (4) of this
        rule, the solicitor may file a notice, in accordance with Form 55, of
        the solicitor having ceased to represent the party.

(6) Where a solicitor who has represented a party files a notice in accordance
with Form 55, the solicitor shall, on the day on which that notice is filed,
or as soon as practicable thereafter, serve a copy of the notice on each other
party who has an address for service.

(7) Where a solicitor who has represented a party has filed a notice under
sub-rule (5), the party may give notice, in accordance with these Rules, that
the party is represented by another solicitor or intends to act in person and,
in default of doing so, in a case where the address for service of the party
was the address of the first-mentioned solicitor or that solicitor's agent,
that person shall be deemed not to have an address for service for the
purposes of the proceedings.