NSW UCPR [Form 79] Notice of Intention to File & Serve Notice of Ceasing to Act

New South Wales

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When is a NSW UCPR [Form 79] Notice of Intention to File & Serve Notice of Ceasing to Act used?

See UCPR 7.29(2) for more information.

⚖️ This form applies to legal representatives seeking to cease acting for a Client in NSW Court legal proceedings.

⚖️ UNLESS you have the leave of the court, you MUST file and serve a copy of this [Form 79] Notice of Intention to File & Serve Notice of Ceasing to Act:

✅ On the Registrar; and

✅ On your Client BEFORE you can file a [Form 80] Notice of Ceasing to Act.

This [Form 79] Notice of Intention to File & Serve Notice of Ceasing to Act is not exempt from the usual rule that all filed documents MUST be served as soon as possible on all active parties (UCPR 10.1).

Timing depends upon whether a Trial Date has been Fixed

⚖️ If a trial date has been fixed, you MUST serve this [Form 79] at least 28 days before you file and serve a [Form 80] Notice of Ceasing to Act.

⚖️ If a trial date has not been fixed, you must serve this [Form 79] at least 7 days before you file and serve a [Form 80] Notice of Ceasing to Act.

A ‘trial’ is defined under s.3 of the Civil Procedure Act 2005 (NSW) as any hearing which is not an interlocutory hearing.

Party not in the Title of Proceedings Section

⚖️ If the name of party for whom you are ceasing to act does not appear in the title of proceedings section (e.g. a third defendant) it will be helpful to include the party’s name as well as the party’s role in the proceedings in the NOTICE section of this [Form 79].

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court.

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