Acts and Regulations

Rule-17 - REPRESENTATION BY SOLICITOR

Full text
Current to 1 January 2024
COMMENCEMENT OF PROCEEDINGS
RULE 17
REPRESENTATION BY SOLICITOR
17.01Where Solicitor Required
(1)A party to a proceeding who is under disability or acts in a representative capacity shall be represented by a solicitor.
(2)A party to a proceeding that is a corporation shall be represented by a solicitor, except with leave of the court.
(3)Any other party to a proceeding may act in person or be represented by a solicitor.
2012-57
17.02Declaration by Solicitor
(1)When a solicitor whose name is endorsed on any document in a proceeding, is served with a request in writing from any party to the proceeding, he shall declare forthwith whether the process was issued by him on the instructions of the party he is shown to represent.
(2)Where a solicitor fails to respond to a request referred to in paragraph (1) within 7 days from service, or declares that the document was not so issued, any other party to the proceeding may apply, without notice, for an order staying or dismissing the proceeding and, where the proceeding is stayed, no further step may be taken without leave of the court.
17.03Change in Representation
Notice of Change of Solicitor
(1)A party may change his solicitor by serving on his former solicitor and upon every other party to the proceeding a notice to that effect.
Notice of Appointment of Solicitor
(2)A party representing himself in a proceeding may appoint a solicitor to represent him, in which case he shall forthwith serve upon every other party to the proceeding a notice to that effect.
Notice of Intention to Act in Person
(3)Subject to Rule 17.01, a party represented by a solicitor may elect to represent himself in a proceeding by serving upon his solicitor and upon every other party to the proceeding a notice to that effect.
Effect of Notice
(4)Until a notice under this subrule has been filed with proof of service, any other party to the proceeding may continue or defend the proceeding without regard to the notice.
17.04Motion by a Solicitor to be Removed from the Record
(1)A solicitor may apply on motion at any time for an order removing his name from the record.
(2)Notice of motion under paragraph (1) shall be served upon his client and upon every other party to the proceeding.
(3)The client may be served by mailing a copy of the Notice of Motion addressed to him at his last known address.
(4)The solicitor shall remain the solicitor of record for his client with all the responsibilities pertaining thereto, until an order removing his name from the record has been filed, or until the client has served and filed, with proof of service, a notice pursuant to Rule 17.03.
(5)Where a solicitor has ceased to be the solicitor of record for a party to a proceeding, a document in the proceeding required to be served on that party may be served by mailing a copy addressed to him at his last known address, unless or until that party has served and filed, with proof of service, a notice pursuant to Rule 17.03.
(6)An order made under this subrule does not otherwise affect the rights of the solicitor and the party for whom he acted as between themselves.
17.05Where a Solicitor of Record has Ceased to Practise
Where a solicitor of record has ceased to practise law, and the party for whom he has acted has failed to serve a notice pursuant to Rule 17.03, any other party to the proceeding may serve a subsequent document by mailing it addressed to that party at his last known address or may apply to the court, without notice, for directions.