Filing a Notice of Ceasing to Act in the Family Law Courts

14/06/2011

The Family Law Rules 2004 (Rule 8.04) and the Federal Magistrates Court Rules 2001 (Rules 9.01, 9.02 and 9.03) differ as to what is required to be done both prior to (and after) a solicitor ceases to act for a party to proceedings.� The Family Court has advised that from 20 June 2011, only the approved forms unique to each court may be used and filed as follows:

• Family Court of Australia and the Family Court of Western Australia: Notice of Ceasing to Act
• Federal Magistrates Court of Australia: Notice of withdrawal as lawyer

No substitution is permitted. In the period between now and 20 June, it will be a matter for individual federal magistrates as to whether or not they will accept the soon to be superseded Family Court form (which currently offers a tickbox option so that the form can be used in either court). Download a copy of the notice from the Family Court of Australia.

14 June 2011