Notice of intention to cease to act (Form 7)

Under rule 4.05 of the Federal Court Rules 2011, a lawyer who ends a retainer in a Federal Court proceeding cannot simply stop acting. The lawyer must first serve on the client a notice of intention to cease to act in accordance with Form 7, and then, at least 7 days after serving it, file a notice of ceasing to act in accordance with Form 8 (r 4.05(1)). Once Form 8 is filed, the client must file a notice of address for service within 5 days (r 4.05(2)). Form 7 tells the client both of those things, so the client has time to find another lawyer or prepare to act for themselves.

When you need it

• You are the lawyer on the record for a party and you are terminating the retainer (for example because instructions or fees have stopped, or there is a conflict).
• Not when the client has ended the retainer: the client files Form 6, or a new lawyer files Form 5 (r 4.04).
• Use it before Form 8. The notice of ceasing to act can only be filed at least 7 days after Form 7 is served.

1. 1

   Copy the heading of the proceeding

   Use the file number, District Registry, Division and party names exactly as they appear on the originating application or notice of appeal (rr 2.13, 2.14). If there are two or more applicants or respondents, add "and another" or "and others" after the first name, as the form prompts.

2. 2

   Address it to the client

   Insert the client's name and role in the proceeding, such as Applicant or First Respondent.

3. 3

   Paragraph 1: the warning

   Insert the lawyer's name. The paragraph tells the client that, after 7 days from service, the lawyer will file a notice that they have ceased to act.

4. 4

   Paragraph 2: what the client must do

   The paragraph tells the client to file a notice of address for service (Form 10) within 5 days after the notice of ceasing to act is filed. Leave it as printed: it reflects rule 4.05(2).

5. 5

   Date and sign as the lawyer

   Sign as "Lawyer for the" client, stating the client's role.

• Form 7 is served on the client, not filed. Rule 4.05(1)(a) requires the lawyer to serve it on the party.
• Keep proof of the date and method of service: the 7-day period before Form 8 can be filed runs from service.
• At least 7 days after service, file the notice of ceasing to act (Form 8) in the proceeding, usually through eLodgment (r 4.05(1)(b)).
• The client then has 5 days after Form 8 is filed to file a notice of address for service (r 4.05(2)).

• Check the timetable before serving Form 7. If a hearing or filing deadline falls within the notice period, tell the client clearly what is coming up.
• If the client is a corporation, remind it that it generally cannot proceed in the Court without a lawyer (r 4.01(2)).
• Use the client's current contact details for service, and consider sending a copy by email as well as by the method you rely on.