Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 6.02

Solicitors

6.02.1         Where these Rules permit or require an act to be done by or to a party, if the party sues or appears by a solicitor, the act shall be done by or to the solicitor unless it is expressly provided that it shall be done by or to the party personally.

6.02.2         A solicitor whose name is indorsed on originating process shall, on demand in writing by a defendant, forthwith file and serve on that defendant a statement in writing stating whether that process was issued or filed by or with the solicitor's authority and on the instructions of the person named as plaintiff or applicant.

6.02.3         If, within 1 month of the making of a demand in writing under rule 6.02.2, the solicitor does not file and serve a statement in writing stating that the originating process was issued or filed by or with the solicitor's authority and on the instructions of the person named as plaintiff or applicant further proceedings on the process shall not be taken without the leave of the Court or a Justice.

6.02.4         A party suing or defending by a solicitor may change solicitors without order.

6.02.5         A solicitor for a party may cease to be solicitor for that party only:

                     (a)  if a new solicitor for the party files a notice of change of solicitor and serves on every other party a copy of that notice stating a new address for service of the party; or

                     (b)  if the party files a notice that the solicitor has ceased to act for that party and serves on every other party a copy of that notice stating a new address for service; or

                     (c)  if, the solicitor having first given notice in writing to the party of intention to apply for leave to withdraw as solicitor, the Court or a Justice grants the solicitor leave to withdraw and the solicitor serves a copy of that order on every other party.

6.02.6         A party suing or defending in person may at any time appoint a solicitor to act on that party's behalf.

6.02.7         A solicitor appointed to act for a person previously suing or defending in person shall file and serve on every other party notice of that appointment stating a new address for service of the party.



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