Commonwealth Consolidated Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 - REG 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, in accordance with the approved form, 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 be in accordance with the approved form.

         (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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