Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 5538

Appeals to Court of Appeal—solicitor wants to withdraw from acting for convicted person

    (1)     This rule applies to a solicitor if—

        (a)     the solicitor for a convicted person is on the record in an application or appeal under this part in relation to a conviction or sentence; and

        (b)     the solicitor no longer wants to act for the convicted person in relation to the application or appeal.

    (2)     The solicitor must—

        (a)     file a notice stating that the solicitor intends to ask the Court of Appeal for leave to withdraw; and

        (b)     serve a stamped copy of the notice on each party other than the convicted person; and

        (c)     serve a stamped copy of the notice on the convicted person personally, or by registered letter addressed to the person's last-known address.

    (3)     The copies of the notice must be served as soon as possible after the notice is filed.

    (4)     The solicitor may withdraw from acting for the convicted person only with the Court of Appeal's leave.

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

    (5)     If the Court of Appeal gives the solicitor leave to withdraw, the solicitor must—

        (a)     file a notice of withdrawal; and

Note     See approved form 5.21 (Court of Appeal—notice of withdrawal of solicitor) AF2006-405

.

        (b)     serve a stamped copy of the notice on the convicted 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.



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