In the matter of Rediform Contracting Pty Ltd

Rediform Contracting Pty Ltd was the defendant in proceedings brought by an individual in the Local Court of New South Wales. The defendant sought to cease acting in the case, but had not previously notified the plaintiff of its intention to do so. The application was made on the day of the hearing. The defendant argued that the plaintiff had failed to provide the necessary funds to cover costs and had not provided adequate instructions, making it impossible for the defendant to comply with the terms of their retainer. The court was required to determine whether it was appropriate to waive the requirements of rule 18.1 of the Uniform Civil Procedure Rules, under section 14 of the Civil Procedure Act 2005 (NSW).

The court considered the circumstances of the case and the provisions of section 14 of the Civil Procedure Act. It noted that the defendant had not complied with the requirement to give notice of its intention to cease acting, but that the plaintiff had not been prejudiced by this failure. The court was satisfied that the defendant's application was made in good faith and that there were exceptional circumstances that warranted dispensing with the notice requirement. The court found that the plaintiff's failure to provide funds and instructions had made it impossible for the defendant to comply with the terms of their retainer, and that it was in the interests of justice to allow the defendant to cease acting.

Accordingly, the court exercised its discretion under section 14 of the Civil Procedure Act to dispense with the notice requirement, and granted the defendant's application to cease acting. The court noted that this decision was based on the specific circumstances of the case, and that it did not set a precedent for future cases. The final orders of the court were that the defendant was permitted to cease acting as solicitor for the plaintiff, and that the plaintiff was to obtain new legal representation within 14 days.