(1)
A party must file and serve on every other party to the proceeding a notice of change of representation if—
the party has acted in person and appoints a solicitor to act for that party; or
the party wishes to change that party’s solicitor; or
the party for whom a solicitor has acted wishes to act in person.
(1A)
However, a party who has acted in person in a proceeding without a solicitor on the record is not required to file and serve a notice of change of representation if that party wishes to continue to act in person but appoints a lawyer for a limited purpose (other than to file documents in the proceeding). For example, a party may appoint a lawyer to act as the party’s advocate in a hearing or to give assistance in drafting, settling, or revising documents for filing in a proceeding.
(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—
must be signed by the party personally or by the party’s attorney; and
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 5.44(1); and
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 attaching and verifying a copy of the notice served.
(5)
A party may change that party’s address for service by—
filing a notice of the change showing the new address for service or specifying an address for a method of service set out in rule 6.1(1)(d); and
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).
(7)
A notice of change of address for service need not be filed under subclause (5)(a) if an affidavit is filed under subclause (4).
(8)
Form G 11 may be used.
Compare: 1908 No 89 Schedule 2 r 45
Rule 5.40(1A): inserted, on 24 July 2020, by rule 5 of the High Court Amendment Rules 2020 (LI 2020/125).
Rule 5.40(5)(a): amended, on 11 November 2013, by rule 4 of the High Court Amendment Rules (No 3) 2013 (SR 2013/425).