Western Australian Consolidated Regulations

RULES OF THE SUPREME COURT 1971 - ORDER 8 RULE 7

7 .         Withdrawal of a solicitor who has ceased to act for a party

        (1)         Where a solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with the provisions of this Order, the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the cause or matter and the Court may make an order accordingly; but unless and until the solicitor — 

            (a)         serves on every party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order, and

            (b)         files in the Central Office a certificate signed by him that the order has been duly served as aforesaid,

                he shall, subject to the foregoing provisions of this Order, be considered the solicitor of the party until the final conclusion of the cause or matter including any appeal therein.

        (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 for whom the solicitor acted, and must be supported by an affidavit stating the grounds of the application.

        (3)         The Court may dispense with the necessity of serving a party to a cause or matter with an order of the kind mentioned in paragraph (1).

        [Rule 7 amended in Gazette 15 Jun 1973 p. 2247; 23 May 1975 p. 1404.]