Criminal Practice Rules 1999

A lawyer who is no longer instructed to act for a convicted person in a proceeding mentioned in rule 73(1) may withdraw from acting for the convicted person in the proceeding by—

as soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the convicted person; and

at the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer—

the respondent;

the convicted person.

A lawyer who wants to withdraw from acting for a convicted person in a proceeding mentioned in rule 73(1), other than because the lawyer is no longer instructed to act for the convicted person, may withdraw by—

giving written notice to the registrar that the lawyer intends seeking the court’s leave to withdraw from acting for the convicted person in the proceeding; and

giving a copy of the notice to—

the respondent; and

if the lawyer knows the convicted person’s current address, the convicted person; and

obtaining the court’s leave to withdraw from acting for the convicted person in the proceeding.

The lawyer must give the notice or copy mentioned in subrule (2)—

no later than 14 days before the day the proceeding is set down for hearing (the hearing day); or

if the hearing day is sooner than the 14 days, as soon as possible.