New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.40

7.40 Application for leave

(cf SCR Part 66A, rule 8; DCR Part 28C, rule 8)

(1) An application by a barrister or solicitor to the registrar for leave to cease to provide legal assistance must be in writing and must briefly state the reasons for the application.

(2) A copy of the application for leave must be served on the litigant.

(3) An application for leave may be heard by the registrar in the absence of the public and without any attendance by or on behalf of any person.

(4) In deciding whether to grant leave under this rule, the registrar may consider any of the following matters--

(a) whether the barrister or solicitor would be likely to be able to cease to provide legal assistance to the litigant under any practice rules governing professional conduct that apply to the barrister or solicitor,

(b) any conflict of interest that the barrister or solicitor may have,

(c) whether there is a substantial disagreement between the barrister or solicitor and the litigant in relation to the conduct of the litigation,

(d) any view of the barrister or solicitor--

(i) that the litigant's case is not well founded in fact or law, or

(ii) that the litigant's prosecution of the litigation is an abuse of process,

(e) whether the barrister or solicitor lacks the time to provide adequate legal assistance to the litigant because of other professional commitments,

(f) whether the litigant has refused or failed to pay any disbursements requested under rule 7.42,

(g) whether it is unfair to the barrister or solicitor to require him or her to continue to provide legal assistance under the scheme,

(h) any other matter that the registrar considers relevant.

(5) An application for leave under this rule and any related correspondence--

(a) is confidential, and

(b) is not part of the proceedings in relation to which the referral was made, and

(c) does not form part of the court file in relation to those proceedings.