- (1)
- A lawyer seeking leave to cease to provide legal assistance to a party may
apply to the Registrar in writing briefly stating the reasons.
- (2)
- A copy
of the application must be served on the party.
(3) In deciding whether to
grant leave, the Registrar must consider:
- (a)
- any practice rules governing
professional conduct that apply to the lawyer; and
- (b)
- any conflict of interest; and
- (c)
- whether there is a substantial disagreement between the lawyer and the
party in relation to the conduct of the proceeding; and
- (d)
- any view of the lawyer that the party's case is not well founded in fact
or law or that the prosecution of the proceeding is an abuse of process; and
- (e)
- whether the lawyer lacks the time to provide adequate legal assistance to
the party because of other professional commitments; and
- (f)
- whether the party has refused or failed to pay any disbursements requested
by the lawyer; and
- (g)
- any other matter that the Registrar thinks relevant.
(4) An application for leave and any related correspondence:
- (a)
- is
confidential; and
- (b)
- is not part of the proceeding in relation to which the referral was made;
and
- (c)
- does not form part of the Court file in relation to the proceeding.