Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 5) (NO 54 OF 2004) - REG 59

substitute

64     Solicitor's instructions to act for convicted person ended

    (1)     This rule applies to a solicitor if the solicitor's instructions to act for a convicted person who is a party to an application or appeal are ended before—

        (a)     for an application—the application is decided; or

        (b)     for an appeal—judgment is given in the appeal.

    (2)     The solicitor must file and serve on each party to the application or appeal (including the convicted person) written notice that the solicitor is no longer acting for the convicted person.

    (3)     The solicitor must file and serve the notice as soon as practicable after, but within 14 days after the day, the solicitor's instructions are ended.

    (4)     In this rule:

"application"—see rule 60 (Service of documents when unrepresented party in custody).

65     Solicitor wants to withdraw from acting for convicted person

    (1)     This rule applies to a solicitor if the solicitor no longer wants to act for a convicted person who is a party to an application or appeal.

    (2)     The solicitor must—

        (a)     give the registrar written notice that the solicitor intends to ask the Court of Appeal for leave to withdraw; and

        (b)     serve a copy of the notice on each party other than the convicted person; and

        (c)     serve a copy of the notice on the convicted person personally, or by registered letter addressed to the person's last-known address.

    (3)     The copies of the notice must be served as soon as possible after the solicitor gives the notice to the registrar.

    (4)     The solicitor may withdraw from acting for the convicted person only with the Court of Appeal's leave.

    (5)     If the Court of Appeal gives the solicitor leave to withdraw, the solicitor must—

        (a)     lodge a notice in accordance with form 6.14 (Notice of solicitor ceasing to act—Court of Appeal) for filing; and

        (b)     serve a copy of the notice on the convicted person personally, or by registered letter addressed to the person's last-known address; and

        (c)     serve a copy of the notice on the director of public prosecutions.

    (6)     In this rule:

"application"—see rule 60 (Service of documents when unrepresented party in custody).