Sutherland v The Commonwealth of Australia

[1994] HCATrans 436

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No Sl75 of 1988

B e t w e e n -

COLLIN JAMES SUTHERLAND

Applicant

and

THE COMMONWEALTH OF AUSTRALIA

Respondent

Application to remove solicitor

from record

MASON CJ

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 16 AUGUST 1994, AT 10.17 AM

Copyright in the High Court of Australia

Sutherland 1 16/8/94

MS R. MAY:  Your Honour, I appear in the interests of

Maurice May, solicitor for the applicant, in the

summons for ceasing to act.	(of Messrs Maurice May
& Co)

HIS HONOUR:	Yes, Ms May.
MS MAY:	Your Honour, I do not believe I can move on the
summons today.  I do not feel there has been
appropriate service of a notice of intention to
withdraw services on the applicant and I would ask
that the matter - - -

HIS HONOUR: Well now, there are two problems, are there

not: one, whether there was appropriate service in

compliance with the rules of the notice of

intention to cease to act?

MS MAY: That is right, Your Honour.

HIS HONOUR:  And then there is another question: did you

serve on the client a copy of the summons showing

that the application was returnable for today?

MS MAY:	Yes, Your Honour, and that was served by express
post but not security or certified mail.
HIS HONOUR:	I see, yes. Well now, I think what I ought to

do in the circumstances is stand the matter over to

a specific date. Now, that will enable you to

attend to these two outstanding matters. In

particular, it would enable you to give notice to

the client that the matter is corning on for hearing

on the adjourned date.

MS MAY:	Yes, Your Honour.
HIS HONOUR:	So, in the circumstances, I will stand the

matter over to 10.15 on Tuesday, 30 August.

MS MAY: If the Court pleases.

AT 10.19 AM THE MATTER WAS ADJOURNED

UNTIL TUESDAY, 30 AUGUST 1994

Sutherland 16/8/94