District Courts Amendment Rules 2002

3 New rule 44 substituted

• The principal rules are amended by revoking rule 44, and substituting the following rule:

  “44 Change of representation or address for service

  • “(1) A party must file and serve on every other party to the proceeding a notice of change of representation if—

    • “(a) the party has acted in person and appoints a solicitor to act for that party; or

    • “(b) the party wishes to change that party's solicitor; or

    • “(c) the party for whom a solicitor has acted wishes to act in person.

    “(2) If the party's address for service after the change of representation will be different from that which applied before the change, the party must also serve a copy of the notice at the address that was, immediately before the change, the party's address for service.

    “(3) The notice—

    • “(a) must be signed by the party personally or by the party's attorney; and

    • “(b) in the case of a notice under subclause (1)(a) or (b), must contain the information about the new solicitor required by paragraphs (b) to (e) of rule 43(1); and

    • “(c) in the case of a party referred to in subclause (1)(c), must state that the party's intention is to act in person.

    “(4) For the purpose of the proceeding, the change of representation takes effect on the filing of an affidavit proving service in accordance with subclause (1) and exhibiting and verifying a copy of the notice served.

    “(5) A party may change that party's address for service by—

    • “(a) filing a notice of the change showing the new address for service; and

    • “(b) serving a copy of the notice on every other party.

    “(6) A change of address for service may be combined with a notice under subclause (1). A notice of change of address for service need not be filed under subclause (5)(a) if an affidavit is filed under subclause (4).

    “(7) Form 3 may be used for a notice under this rule.”