Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 4711

    (1)     A 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)     If the solicitor wants to withdraw from acting for the accused person during the person's trial or sentence hearing, the application may be made orally to the court.

    (3)     The application must—

        (a)     state the solicitor making the application; and

        (b)     state briefly the order sought.

    (4)     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.

    (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 personally, or 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) AF2006-381