Rand v Simpson

[2013] QDC 94

[2013] QDC 94

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 1862 of 2010

CAROL RAND	Plaintiff
and
TRICIA SIMPSON	Defendant

BRISBANE

..DATE 09/04/2013

ORDER

CATCHWORDS
Circumstances in which the defendant’s solicitor on the record given leave to withdraw despite not carrying out all steps required by the Rules - Clear client no longer wanted them to represent her
Uniform Civil Procedure Rules - R990

HIS HONOUR:  The court makes an order in terms of the initialled draft pursuant to rule 991.  It grants the applicant firm, J R K Lawyers (Qld) Pty Ltd, leave to withdraw from the record as solicitors for the defendant.

After naming the firm, it includes the words "formerly H & H Lawyers" for purposes of clarifying that the firm withdrawing is, as Mr Hine representing it today confirms, one and the same as the one which has been on the record as representing the defendant since the filing on the 1st June 2011 of notice that H & H Lawyers henceforth acted for the defendant rather than Zande Law.

The firm has received clear instructions from the defendant, who hasn't appeared today when called, that she no longer wishes them to act. She has been totally unco-operative with their requests for her to sign a notice of acting in person. Mr Hine's researcher’s have unearth Australian Olives Pty Ltd v. Patterson [2011] QDC 153. Page 4 of the reasons indicates my willingness to act in circumstances where the steps required by rule 990 and following of the UCPR hadn't been pursued on the basis of a communication from the client of the desire that the firm on the record no longer act.

This is a stronger case than that.  The defendant's instructions as it happens, were communicated to Mr Hine who has confirmed that what his principal, Mr Humphries, has sworn on hearsay in his affidavit, occurred.

In situations such as the present, I've always been astute to look to the interests of the opposing litigant which is placed at risk when a lawyer withdraws of having no useable address for service of documents in the proceeding.

The applicant here has exhibited exemplary courtesy in communicating fully with the plaintiff's lawyers to the extent of obtaining authority of that firm to act as their unpaid agents today to inform the court that they don't oppose the application.  It rather seems that they made no request for protection of the plaintiff's service interests and perhaps because the defendant's address is known.  She has confirmed to the applicant that she received documents posted to an address which coincides with that indicated in the notice of intention to defend filed by Zande Law.

To make things crystal clear, I've incorporated in the draft order, which I've signed, a provision that unless and until the defendant notifies another address for service, her address for service in this proceeding shall be 7 Drummond Court, North Lakes, Queensland 4509.  Order as per initialled draft.

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