NSW UCPR [Form 80] Notice of Ceasing to Act

New South Wales

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When is a NSW UCPR [Form 80] Notice of Ceasing to Act used?

See UCPR 7.29 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 [Form 79] Notice of Intention to File & Serve Notice of Ceasing to Act:

✅ On the Registrar; and

✅ On your Client ...

BEFORE you can file and serve this [Form 80] Notice of Ceasing to Act.

⚖️ You MUST file and serve a copy of this [Form 80] Notice of Ceasing to Act on all active parties.

This [Form 80] 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 file and serve this [Form 80] at least 28 days after you file and serve a [Form 79] Notice of Intention to File & Serve Notice of Ceasing to Act.

⚖️ If a trial date has not been fixed, you MUST file and serve this [Form 80] at least 7 days after you file and serve a [Form 79] Notice of Intention to File & Serve 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 80].

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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