Notice of termination of lawyer's retainer (Form 6)

Part 4 of the Federal Court Rules 2011 deals with changes of lawyer. If a party ends their lawyer's retainer and appoints a new lawyer, the new lawyer files a notice of acting (Form 5). If the party ends the retainer and does not appoint anyone, rule 4.04(2) requires the party to file a notice of termination of the lawyer's retainer in accordance with Form 6, and a notice of address for service. Form 6 tells the Court and the other parties that the party now acts for themselves and where documents should be served on them. If the party does not file these documents, the former lawyer may file a notice of ceasing to act (Form 8) under rule 4.04(3).

When you need it

• You are a party to a Federal Court proceeding, you have ended your lawyer's retainer, and you are going to run the case yourself for now.
• Not when a new lawyer is taking over: the new lawyer files Form 5 instead (r 4.04(1)).
• Not when it is the lawyer who wants to stop acting: the lawyer uses Form 7 and then Form 8 (r 4.05).
• A corporation generally cannot run a Federal Court case without a lawyer (r 4.01(2)), so a company ending its lawyer's retainer will usually need to appoint a new lawyer.

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

   Say whose retainer has ended

   Insert your name and role (for example Applicant), and the name of the lawyer and their firm. The form states that you have terminated the retainer and have not appointed another lawyer.

3. 3

   Give your address for service

   Give a place in Australia where documents can be left during business hours and posted to you (r 11.01(1)). If you add an email address, you agree to receive documents there (r 11.01(5)).

4. 4

   Date and sign

   Sign in your own name and state your role in the proceeding.

5. 5

   Prepare the notice of address for service as well

   Rule 4.04(2) requires a notice of address for service in addition to Form 6. Use Form 10, with the same address details.

• File it in the existing proceeding, usually through eLodgment using the file number. Rule 2.21 also allows lodging at a Registry, by post or by fax.
• Under the Rules, "file" means file and serve (Dictionary), so serve a copy on each other party once it is filed. Serve your former lawyer too, so they know the Court has been told.
• Rule 4.04 does not set a time limit, but file promptly so the other parties know where to serve you.

• Keep the address for service up to date. If it changes later, file a fresh notice of address for service.
• Check the foot of the front page: a filed document must show the party's name and role, who prepared it, contact details and the address for service (r 2.16).
• Ask your former lawyer for the file, including any orders, timetables and upcoming hearing dates, so you do not miss a step.