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The Laws of Fiji
Last Updated: 1 August 2020

6 Withdrawal of barrister and solicitor who has ceased to act for party (O 67, R 6)

6
(1) Where a barrister and solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with Rule 1, or notice of intention to act in person in accordance with Rule 4, the barrister and solicitor may apply to the Court for an order declaring that the barrister and solicitor has ceased to be the barrister and solicitor acting for the party in the cause or matter, and the Court may make an order accordingly, but unless and until the barrister and solicitor—
  • (a)serves on every party to the cause or matter (not being a party in default as to acknowledgement of service) a copy of the order;
  • (b)procures the order to be entered in the Registry; and
  • (c)leaves at that office a copy of the order and a certificate signed by him or her that the order has been duly served as aforesaid,

he or she shall, subject to the foregoing provisions of this Order, be considered the barrister and solicitor of the party until the final conclusion of the cause or matter.

(2) An application for an order under this Rule must be made by summons and the summons must, unless the Court otherwise directs, be served on the party for whom the barrister and solicitor acted. The application must be supported by an affidavit stating the grounds of the application.
(3) An order made under this Rule shall not affect the rights of the barrister and solicitor and the party for whom he or she acted as between themselves.
(4) Notwithstanding anything in paragraph (1), where the appointment of barrister and solicitor to represent an assisted person is revoked or discharged, or the assisted person ceases to be an assisted person, such barrister and solicitor shall cease to be the barrister and solicitor acting in the cause or matter; and if the assisted person desires to proceed with the cause or matter without legal aid and appoints either that barrister and solicitor or another barrister and solicitor to act on his or her behalf the provisions of Rule 3 shall apply as if that party had previously sued or defended in person.