Notice of Acting (Form 23)

Rule 25.2 of the Uniform Civil Rules 2020 (SA) requires a law firm retained to act for a party to file a notice of acting in Form 23 as soon as practicable after accepting the retainer, and requires a party whose lawyers stop acting to file one saying they now act in person, unless a new firm has been retained. The notice also carries the party's address for service under rule 44.1, which is where documents in the case can be served, and it is the form used to nominate a different responsible solicitor within a firm (rr 25.3, 44.2(2)). A firm is treated as representing a party from when it files the notice, or from when its name appears on the party's first filed document (r 25.2(4)).

When you need it

• A law firm has been retained to act for a party in an existing proceeding or appeal (r 25.2(1)).
• Your lawyers have stopped acting and you will run the case yourself (r 25.2(2)).
• A firm needs to change the individual responsible solicitor on the file; the new notice must be filed and served within 7 days of the change (r 44.2(2)).
• You want to file in an existing case for the first time and need to give an address for service (r 44.1(4)).

1. 1

   Complete the heading

   Delete all but the correct court (Supreme, District, Magistrates, ERD or Youth), add Court of Appeal, minor civil or the list name if applicable, and list each party with full name, capacity and party number, plus the case number.

2. 2

   Identify the party and the law firm

   In the party panel give the party title and full name, then the law firm and the individual solicitor if represented. A firm filing documents is identified by its L code and the responsible solicitor by a P code, which the Law Society issues on request (note to r 44.1).

3. 3

   Give the address for service

   Enter a street address, email and phone. Rule 44.1(2) requires an email address unless the party does not have one and cannot reasonably get one. If no email is given the physical address must be in South Australia; if an email is given it may be anywhere in Australia. Duplicate the panel for multiple parties, and complete the interstate principal firm panel if an interstate firm is instructing a local agent.

4. 4

   Mark the right statement and date it

   Put an x against either 'The solicitor identified above now acts for the above named party' or 'The party identified above now acts in person', then insert the date.

• On the CourtSA portal, an address for service in an existing case is given by entering the details, obtaining approved access to the case and having the system generate the notice of acting (r 44.1(4)(a)). On paper, file Form 23 at the registry or put the details on your first filed document (r 44.1(4)(b)).
• File it as soon as practicable after the retainer is accepted or ends (r 25.2(1), (2)).
• Serve it on all other parties under the rules, as the form's service note says.
• Your address for service stays as last given until a new notice of acting, a notice of cessation of acting or a notice of change of address for service (Form 25) is filed (r 44.1(5)).

• A firm that has stopped acting can file a Notice of Cessation of Acting (Form 24) if the client has not filed a notice of acting within 7 days, without leave before the matter is entered or listed for trial and with leave after that (r 25.2(3)). Form 23 is for the party or new firm; Form 24 is for the outgoing firm.
• A lawyer helping for a limited purpose on behalf of a pro bono, not for profit or publicly funded legal assistance service is not treated as retained and does not need to file a notice of acting (note to r 25.2(1)).
• In a Magistrates Court minor civil action, a party may only be represented by a law firm to the extent section 38(4) of the Magistrates Court Act 1991 allows (r 25.1(4)). Filing a notice of acting does not get around that limit.