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10. Costs and Fees

10.3. Written notice to other parties to proceedings about the effect of s47 of the Act

10.3.1 Notice of grant of aid to other parties to proceedings

Under s34(6) of the Act a legally assisted person's legal practitioner must provide any other parties to the proceedings notice that the legal practitioner is acting for a legally assisted person. No Notice is required in criminal proceedings.

10.3.2 How to give a Notice under s34(6)

A notice given under s34(6) of the Act:

  • must be in writing
  • must contain a reference to the effect of s47 of the Act, and
  • may be given in any manner authorised for service of process in the proceedings to which the notice relates. See s34(8) of the Act.

10.3.3 When should a Notice under s34(6) be given?

A Notice under s34(6) of the Actmust be given as soon as practicable after the commencement of the proceedings.

10.3.4 Confirmation of s34(6) Notice to Legal Aid NSW

Under s34(7) of the Act a private legal practitioner must advise Legal Aid NSW that the notice under s34(6) of the Act has been given to the other parties to the proceedings. The Notice must be in writing and given to Legal Aid NSW within 7 days of giving the notice under s34(6) of the Act.

When Legal Aid NSW officers assign matters to private legal practitioners they are to remind the private legal practitioners of the requirements under ss34(6), (7) & (8) of the Act.

Date Last Published: 23/04/2007