Document ID: chunk:federal_register_of_legislation:F2024C00519:front:0:p29
Version: federal_register_of_legislation:F2024C00519
Segment Type: other
Provision Reference: 
Character Range: 73235–75893

or permitted to do unless the context or subject matter indicates otherwise.

4.03  Appointment of a lawyer—notice of acting
  If a party is unrepresented when a proceeding starts and later appoints a lawyer to represent the party in the proceeding, the lawyer must file a notice of acting, in accordance with Form 4.
Note: File is defined in the Dictionary as meaning file and serve.

4.04  Termination of retainer by party
 (1) If a party terminates a lawyer's retainer, and a new lawyer is appointed to represent the party, the new lawyer must file a notice of acting, in accordance with Form 5.
 (2) If a party terminates a lawyer's retainer, and a new lawyer is not appointed to represent the party, the party must file a notice of termination of the lawyer's retainer, in accordance with Form 6, and a notice of address for service.
Note: Rule 11.01 contains requirements in relation to the address for service.
 (3) If a party who has terminated a lawyer's retainer does not file the documents required by rule 4.04(2), the lawyer whose retainer has been terminated may file a notice of ceasing to act, in accordance with Form 8.

4.05  Termination of retainer by lawyer
 (1) If a party's lawyer terminates the retainer, the lawyer must:
 (a) serve on the party a notice of intention of ceasing to act, in accordance with Form 7; and
 (b) at least 7 days after serving the notice—file a notice of ceasing to act, in accordance with Form 8.
 (2) A party whose lawyer has filed a notice under paragraph (1)(b) must file a notice of address for service within 5 days after the notice is filed.
Rules 4.06–4.10 left blank

Division 4.2—Court referral for legal assistance

4.11  Definitions for Division 4.2
  In this Division:
assisted party means a party receiving legal assistance under this Division.
legal assistance means any of the following:
 (a) advice in relation to the proceeding;
 (b) representation at a directions, interlocutory or final hearing or mediation;
 (c) drafting or settling documents to be used in the proceeding;
 (d) representation generally in the conduct of the proceeding.
Pro Bono lawyer means a lawyer who has agreed to accept a referral under rule 4.12 to provide pro bono legal assistance.

4.12  Referral for legal assistance
 (1) The Court may refer a party to a lawyer for legal assistance by issuing a referral certificate, in accordance with Form 9.
 (2) When making a referral under subrule (1), the Court may take the following matters into account:
 (a) the means of the party;
 (b) the capacity of the party to otherwise obtain legal assistance;
 (c) the nature and complexity of the proceeding;
 (d) any other