Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 20.04

    (1)     Where—

        (a)     a solicitor who has acted for a party in a proceeding—

              (i)     has died or become bankrupt or cannot be found;

              (ii)     has ceased to have the right of practising in the Court; or

              (iii)     for any other reason has ceased to practise; and

        (b)     the party has not given notice under Rule 20.01 or the solicitor has not given notice under Rule 20.03—

the Court, on application made by any other party to the proceeding, may by order declare that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the proceeding.

    (2)     An application under paragraph (1) shall be made by summons supported by affidavit stating the facts on which the application is made and, unless the Court otherwise orders, the summons and a copy of the affidavit shall be served on the party to whose solicitor the application relates.

    (3)     Where an order is made under paragraph (1), the party on whose application it was made shall forthwith—

        (a)     serve a copy of the order on every other party to the proceeding; and

        (b)     file an affidavit of service.