O’NEILL & HAYLEY (No.1)

In *O’Neill & Hayley (No.1)*, the Supreme Court of New South Wales considered an application by the solicitors for Ms Hayley seeking leave to withdraw from representing her in ongoing proceedings. The applicant, Ms Hayley, was the defendant in the proceedings.

The central legal issue before the Court was whether the solicitors for Ms Hayley had established sufficient grounds to be granted leave to withdraw from their retainer. This required the Court to assess the nature of the relationship between the solicitors and their client, and whether the circumstances justified the termination of that professional relationship.

Justice Harman granted the application, acknowledging that the solicitors had demonstrated that the solicitor-client relationship had broken down to such an extent that it was no longer practicable for them to continue acting for Ms Hayley. The Court's decision underscores the principle that while solicitors are generally bound by their retainer, exceptional circumstances, such as an irretrievable breakdown in communication and trust, can justify the granting of leave to withdraw. The Court ordered that leave be granted to the solicitors for Ms Hayley to withdraw from the proceedings.