Notice of party acting in person (Rule 129(1)(d)) (Form 9)

Rule 129(1)(d) of the Supreme Court Rules 2000 (Tas) allows a party to discharge their practitioner and act in person by filing a notice in the registry. The notice must be in the prescribed form (r 129(3)), which is Form 9, and it takes effect when it is filed and a copy is served on each other party (r 129(2)). A party acting in person must have an address for service in Tasmania where documents can be left during business hours and to which they can be posted (r 128(2), (4), (5)).

When you need it

• You have had a lawyer on the record and you now want to represent yourself.
• Use Form 7 instead to change or appoint a practitioner, and Form 10 to change only your address for service.
• If your lawyer is the one ending the retainer, they use Form 11 and then a notice of ceasing to act (r 130).

1. 1

   Heading

   Copy the file number and party names from the proceeding, and delete the party descriptions (plaintiff, applicant, appellant, defendant, respondent) that do not apply.

2. 2

   Paragraph 1

   Insert your name, your description as a party (for example, "first defendant") and the name of the practitioner who has been acting for you.

3. 3

   Paragraph 2

   Give your address for service in Tasmania. It must be an address where documents can be left during ordinary business hours and to which they can be posted (r 128(5)).

4. 4

   Date, sign and footer

   Date and sign the notice. Complete the footer with your name, phone number and address for service, and an email address if you accept service by email (r 79(b)).

• File the notice in the registry where the proceeding is running (r 83(3)), in person, by prepaid post or by approved email.
• Serve a copy on each other party. The notice takes effect only once it is filed and served (r 129(2)).
• Documents can then be served on you at your address for service, by post, or by email if you have given an email address (r 144, r 87F).

• Give an address you will check. Documents left or posted there count as served on you, even if you do not read them.
• If your practitioner has already ceased to act, you are taken to be acting in person until another practitioner starts acting (r 130(4)). Filing Form 9 still puts your address for service on the record.