Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p11
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 11/100)
Character Range: 144401–146929

by a lawyer.
Note: For the right of a lawyer to appear in a court exercising jurisdiction under the Family Law Act, see Part VIIIA of the Judiciary Act 1903. See also sections 57 and 175 of the Federal Circuit and Family Court Act.
 (2) Subject to section 57 of the Federal Circuit and Family Court Act, a party is not entitled to be represented by a person who is not a lawyer unless the court otherwise orders. The court will give permission for representation by a person other than a lawyer only in special circumstances.

3.09  Corporation must be represented
  Except as provided by or under an Act or regulations made under an Act, or with the leave of the court, a corporation must not start or carry on a proceeding otherwise than by a lawyer.

3.10  Lawyer—ceasing to act
 (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.

Part 3.4—Independent children's lawyer

3.11  Independent children's lawyer
 (1) A party may apply for the appointment or removal of an independent children's lawyer by filing an Application in a Proceeding.
 (2) If the court makes an order for the appointment of an independent children's lawyer, the court may:
 (a) request that the representation be arranged by a legal aid body; and
 (b) order that the costs of the independent children's lawyer be met by one or more of the parties.
 (3) A person appointed as an independent children's lawyer:
 (a) must file a Notice