Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2806

    (1)     A solicitor may withdraw from the record as solicitor for a client in a proceeding if the solicitor, in accordance with this rule—

        (a)     serves a notice of intention to withdraw on the client; and

        (b)     files a notice of ceasing to act in the court.

Note     See—

              •     approved form 2.76 (Notice of intention to withdraw) title="AF2021-22">AF2021-22

.

              •     approved form 2.77 (Notice of ceasing to act) title="AF2021-19">AF2021-19

.

    (2)     Except with leave of the court—

        (a)     a notice of intention to withdraw must not be served less than 28 days before a hearing date for the proceeding; and

        (b)     a notice of ceasing to act must not be filed less than 7 days after the notice of intention to withdraw has been served.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave.

    (3)     Leave may be granted under subrule (2) if the court considers it appropriate in the circumstances.

    (4)     A notice of intention to withdraw must—

        (a)     state that the solicitor will cease to act for the client not less than 7 days after the notice is served on the client; and

        (b)     ask the client to file and serve on each other active party to the proceeding—

              (i)     a notice appointing another solicitor; or

              (ii)     a notice of acting in person.

Note     See—

              •     approved form 2.74 (Notice that party acting in person) title="AF2006-319">AF2006-319

.

              •     approved form 2.75 (Notice of change of solicitor) title="AF2006-320">AF2006-320

.

    (5)     A notice of ceasing to act must—

        (a)     state that the solicitor has ceased to act for the client; and

        (b)     state—

              (i)     the date the notice of intention to withdraw was served on the client; or

              (ii)     if the court granted leave under subrule (2)—the date leave was granted.

    (6)     A notice of ceasing to act must be filed in the court and a sealed copy of the notice served on all active parties in the proceeding, including the solicitor's client.

    (7)     The solicitor's withdrawal does not take effect until the solicitor has complied with subrule (6).

    (8)     Part 6.8 (Service) applies to service of a notice on the solicitor's client under this rule as if a reference to an address for service were a reference to the address of the party last known to the solicitor.

Note     See in particular r 6420 (Ordinary service—address for service).