Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) If a solicitor for an accused person is on the record in a criminal proceeding, the solicitor may withdraw from acting for an accused person only with the court's leave.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave.
(2) The application must be made in writing and—
(a) state the name of the solicitor making the application; and
(b) state briefly the order sought.
(3) A stamped copy of the application must be served—
(a) on the accused person—
(i) personally; or
(ii) by registered letter addressed to the person's last-known address; or
(iii) if the court orders another way of service—as ordered; and
(b) on the director of public prosecutions.
(4) However, the application may be made orally to the court if the solicitor wants to withdraw from acting for the accused person during—
(a) for a proceeding before the Magistrates Court—the hearing of the information laid against the person; or
(b) for a proceeding before the Supreme Court—the person's trial; or
(c) the person's sentence hearing.
(5) If the court gives the solicitor leave to withdraw, the solicitor must—
(a) file a notice of withdrawal; and
(b) serve a stamped copy of the notice on the accused person—
(i) personally; or
(ii) by registered letter addressed to the person's last-known address; and
(c) serve a stamped copy of the notice on the director of public prosecutions.
Note See approved form 4.7 (Supreme Court criminal proceeding—notice of withdrawal of solicitor) AF2024-32
and approved form 4.7A (Magistrates Court criminal proceeding—notice of withdrawal of solicitor) AF2024-33
.