Western Australian Consolidated Regulations

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RULES OF THE SUPREME COURT 1971 - ORDER 8 RULE 6

6 .         Removal of solicitor from the record

        (1)         Where a solicitor who has acted for a party in a cause or matter has died or become bankrupt, or cannot be found or has ceased to have the right of practising in the Court, or for any other reason has ceased to practise, and the party has not given notice of change of solicitor or notice of intention to act in person, any other party to the cause or matter may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the cause or matter, and the Court may make an order accordingly.

        (2)         An application for an order under this Rule must be made by summons which, unless the Court otherwise directs, must be served on the party to whose solicitor the application relates, and must be supported by an affidavit stating the grounds of the application.

        (3)         Where an order is made under this Rule the party on whose application it was made must — 

            (a)         forthwith serve on every other party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order; and

            (b)         file in the Central Office a certificate signed by him or his solicitor that the order has been duly served as aforesaid.



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