Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 9.03

Withdrawal as lawyer
(1)
A lawyer for a party may withdraw from the record in a proceeding by filing a notice of withdrawal and serving the notice on each other party.

(2)
However, a lawyer may not file or serve a notice of withdrawal without leave of the Court unless the lawyer has, not less than 7 days before filing the notice, served a notice of intention to withdraw on the party for whom the lawyer is acting.

(3) A notice of intention to withdraw must:

(a)
state the lawyer's intention to withdraw; and

(b)
state that, if the client does not appoint another lawyer or file and serve a notice of address for service within 7 days, the party may not be served with documents in the proceeding.

(4)
A lawyer may serve a party with a notice of intention to withdraw by posting it to the residential or business address of the party last known to the lawyer.

(5) If a party's lawyer withdraws from the record, the party's last known residential or business address is the address for service until:

(a)
the party appoints another lawyer; or

(b)
the party files a notice of address for service.

Note
If a party's address for service changes for any reason during a proceeding, the party must file a notice of address for service: see rule 6.02.



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