Court Procedures Rules 2006

This rule applies if—

a solicitor is on the record for a relevant party in a criminal appellate proceeding; and

the solicitor no longer wants to act for the relevant party in relation to the proceeding.

The solicitor may withdraw from acting for the relevant party only with the court’s leave.

Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.

The application must be made in writing and—

state the name of the solicitor making the application; and

state briefly the order sought.

A stamped copy of the application must be served on—

the relevant party—

personally; or

by registered letter addressed to the party’s last-known address; or

if the court orders another way of service—as ordered; and

each other party to the proceeding.

If the court gives the solicitor leave to withdraw, the solicitor must—

file a notice of withdrawal; and

See approved form 5.1C (Criminal appellate proceeding—notice of withdrawal of solicitor) AF2025-12.

serve a stamped copy of the notice on the relevant party—

personally; or

by registered letter addressed to the party’s last-known address; or

if the court orders another way of service—as ordered; and

serve a stamped copy of the notice on each other party to the proceeding.