District Court Amendment (Notice of Ceasing to Act) Rule 2003 (NSW)
2003 No 340
New South Wales
District Court Amendment (Notice of
Ceasing to Act) Rule 2003
under the
District Court Act 1973
The District Court Rule Committee made the following rule of court under the
District Court Act 1973 on 8 May 2003.
A Liounis
Acting Secretary of the Rule Committee
Explanatory note
The object of this Rule is to amend Part 48 rule 4 of the District Court Rules 1973 to provide that if a date has been fixed for the hearing of proceedings, a solicitor may not file or serve a notice of ceasing to act for his or her client unless the solicitor has, not less than 28 days before doing so, served on each party to the proceedings and the registrar notice of the solicitor’s intention to file and serve such a notice.
| Published in Gazette No 97 of 13 June 2003, page 5660 | Page 1 |
| 2003 No 340 | |
| Clause 1 | District Court Amendment (Notice of Ceasing to Act) Rule 2003 |
District Court Amendment (Notice of Ceasing to Act)
Rule 2003
under the
District Court Act 1973
1 Name of Rule
This Rule is the District Court Amendment (Notice of Ceasing to
Act) Rule 2003.
2 Amendment of District Court Rules 1973
The District Court Rules 1973 are amended as set out in Schedule 1.
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2003 No 340
District Court Amendment (Notice of Ceasing to Act) Rule 2003
| Amendment | Schedule 1 |
| Schedule 1 Amendment |
(Clause 2)
Part 48 rule 4
Omit rule 4 (6). Insert instead:
(6) A solicitor may not file or serve a notice of change under
subrule (5) without leave of the Court unless:
(a)
ifadatehasbeenfixedforthehearingofthe proceedings—the solicitor has, not less than 28 days before doing so, served on each party to the proceedings and the registrar notice of the solicitor’s intention to file and serve the notice of change, or
(b)
if a date has not been fixed for the hearing of the proceedings—the solicitor has, not less than 7 days before doing so, served on the solicitor’s former client notice of the solicitor’s intention to file and serve the notice of change.
BY AUTHORITY
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