Acts and Regulations

Rule-17 - REPRESENTATION BY SOLICITOR

Full text
Current to 1 January 2024
COMMENCEMENT OF PROCEEDINGS
RULE 17
REPRESENTATION BY SOLICITOR
17.001Definition of ‘limited scope retainer’
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In this rule, limited scope retainer means an agreement between a solicitor and client for the provision of legal services by the solicitor for part but not all of the client’s legal matter.
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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.
(4)Paragraph (3) permits a party to be represented by a solicitor acting under a limited scope retainer, but a limited scope retainer does not, in itself, make a solicitor the solicitor of record.
2012-57; 2026-2
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, the solicitor shall, without delay, declare whether the process was issued by the solicitor on the instructions of the party the solicitor 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.
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17.021Effect of Limited Scope Retainer
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(1) A party to a proceeding who is represented by a solicitor under a limited scope retainer is considered to be self-represented for the purposes of this rule.
(2) Paragraph (1) does not apply if a solicitor who is representing a party to a proceeding under a limited scope retainer agrees to be the solicitor of record.
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17.03Change in Representation
Notice of Change of Solicitor
(1)A party may change solicitor by serving on the party’s former solicitor and upon every other party to the proceeding a notice to that effect.
Notice of Appointment of Solicitor
(2)A self-represented party in a proceeding may appoint a solicitor, in which case the party shall serve on every other party to the proceeding a notice to that effect without delay.
Notice of Intention to Act in Person
(3)Subject to Rule 17.01, a party represented by a solicitor may elect to be self-represented in a proceeding by serving on the solicitor and 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.
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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 the solicitor’s name from the record.
(2)Notice of motion under paragraph (1) shall be served upon the solicitor’s 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 the client at the client’s latest known address.
(4)The solicitor shall remain the solicitor of record for the solicitor’s client with all the responsibilities related to being the solicitor of record until an order removing the solicitor’s name from the record has been filed or until the client has served and filed, with proof of service, a notice under 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 the party at the party’s latest 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 the solicitor acted as between themselves.
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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 the solicitor 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 the party’s latest known address or may apply to the court, without notice, for directions.
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