Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 4000B

    (1)     If a solicitor is acting for an accused person in a criminal proceeding in a court, the solicitor must, as soon as practicable, but not later than 14 days after the day the solicitor begins acting—

        (a)     file with the court a notice that the solicitor is acting for the accused person; and

        (b)     serve a stamped copy of the notice on—

              (i)     the director of public prosecutions; and

              (ii)     any solicitor who was acting for the accused person immediately before the notice was filed.

Note     See the following approved forms:

        (a)     approved form 4.4 (Supreme Court criminal proceeding—notice of solicitor acting) AF2024-26

        (b)     approved form 4.4A (Magistrates Court criminal proceeding—notice of solicitor acting) AF2024-27

        (c)     approved form 4.5 (Supreme Court criminal proceeding—notice of change of solicitor) AF2024-28

        (d)     approved form 4.5A (Magistrates Court criminal proceeding—notice of change of solicitor) AF2024-29

    (2)     For subsection (1) (a), if a person charged with an indictable offence is committed to the Supreme Court for trial or sentence, the solicitor acting for the accused person in that proceeding must file a notice with the Supreme Court even if the solicitor previously filed a notice with the Magistrates Court.

    (3)     A notice under subrule (1) must include an address for service.

    (4)     If a solicitor acts for 2 or more accused people in the same criminal proceeding, the solicitor may file a single notice under subrule (1) that lists all the people the solicitor acts for in the proceeding.

    (5)     To remove any doubt, an accused person may, at any stage of a criminal proceeding and without an order being made by the court, instruct another solicitor to act for them in place of the solicitor who is on the record for them in the proceeding.

    (6)     If a solicitor files and serves a notice under subrule (1), the solicitor is taken to act for the accused person until—

        (a)     another solicitor—

              (i)     files a notice under subrule (1) (a); and

              (ii)     serves a stamped copy of the notice in accordance with subrule (1) (b); or

        (b)     the solicitor files a notice under rule 4000C and serves a stamped copy of the notice in accordance with that rule; or

        (c)     the court makes an order under rule 4000E that the solicitor's name be removed from the record; or

        (d)     the solicitor's name is removed from the local roll under the href="http://www.legislation.act.gov.au/a/2006-25" title="A2006-25">Legal Profession Act 2006

; or

        (e)     a solicitor's local practising certificate under the href="http://www.legislation.act.gov.au/a/2006-25" title="A2006-25">Legal Profession Act 2006

is cancelled or suspended; or

        (f)     the solicitor is given leave to withdraw under rule 4000D, and complies with rule 4000D (5).