Court Procedures Rules 2006

An agent solicitor of a principal solicitor in a proceeding in the court may withdraw from the record.

However, the agent solicitor must not withdraw from the record unless the agent has—

at least 7 days before the day the agent intends to withdraw as agent, given notice of the agent’s intention to the principal solicitor; or

obtained the court’s leave to withdraw without giving notice under paragraph (a).

Pt 6.2 (Applications in proceedings) applies to an application for leave to withdraw.

The application for leave to withdraw need not be served.

On application for leave to withdraw, the court may give the solicitor leave to withdraw from the record without giving notice under subrule (2) (a).

On withdrawing from the record, the agent solicitor must—

file a notice of withdrawal of agent; and

serve a stamped copy of the notice on all other active parties.

See approved form 2.78 (Notice of withdrawal of solicitor's agent) AF2006-323.

The agent solicitor’s withdrawal does not take effect until the agent has complied with subrule (5).

If the agent solicitor withdraws from the record, the principal solicitor’s business address becomes the address for service until another agent is appointed.

Address for service is defined in the dictionary.