Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 4.16

Application for Registrar's permission to cease providing legal assistance

         (1)   A Pro Bono lawyer may apply to the Registrar for permission to cease to provide legal assistance to a party.

         (2)   An application must be in writing and include the reasons for making the application.

         (3)   The Pro Bono lawyer must give a copy of the application only to the assisted party.

         (4)   The application:

                (a)    will be treated as confidential; and

               (b)    will not be treated as part of the proceeding; and

                (c)    will not be included on the Court file of the proceeding.

         (5)   The Registrar may consider the application without further notice to the assisted party.

         (6)   In considering an application, the Registrar will take into account the following:

                (a)    whether the Pro Bono lawyer would be likely to be able to cease to provide legal assistance to the assisted party under any practice rules governing professional conduct applying to the lawyer;

               (b)    any conflict of interest that the Pro Bono lawyer may have;

                (c)    whether there is a substantial disagreement between the Pro Bono lawyer and the assisted party about the conduct of the litigation;

               (d)    any view of the Pro Bono lawyer:

                          (i)    that the assisted party's case is not well founded in fact or law; or

                         (ii)    that the assisted party's prosecution of the litigation is an abuse of process;

                (e)    whether the Pro Bono lawyer lacks the time to provide adequate legal assistance to the assisted party because of other professional commitments;

                (f)    whether the assisted party has refused or failed to pay any disbursements requested under rule 4.18;

               (g)    whether it is unfair to require the Pro Bono lawyer to continue to provide legal assistance to the assisted party;

               (h)    any other relevant matter.

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