Australian Competition & Consumer Commission v Chaste Corporation Pty Ltd (No 4) [2013] FCA 1110

Australian Competition & Consumer Commission v Chaste Corporation Pty Ltd (No 4) [2013] FCA 1110

In circumstances where the Fourth Respondent's legal representatives had no present instructions, faced professional embarrassment, the Fourth Respondent was aware of the proceedings but did not appear, and the application was unopposed, the solicitors for the Fourth Respondent ought to be granted leave to withdraw.

Jurisdiction
Australia
Judgment Date
24 October 2013
Procedural Posture
Practice and Procedure / Application for Leave to Withdraw as Solicitors for the Fourth Respondent
Outcome
Leave to withdraw granted.
Legal Topics
['leave to Withdraw as Solicitors' 'absence of Instructions' 'professional Embarrassment' 'contempt Penalty Proceedings']
['practice and Procedure'] ['leave to Withdraw as Solicitors' 'absence of Instructions' 'professional Embarrassment' 'contempt Penalty Proceedings']

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Procedural Posture

Practice and Procedure / Application for Leave to Withdraw as Solicitors for the Fourth Respondent

Legal Issues

  1. 1 ['Whether the solicitors for the Fourth Respondent should be granted leave to withdraw where they lacked present instructions and continuing to act would cause professional embarrassment.']

Ratio Decidendi

In circumstances where the Fourth Respondent's legal representatives had no present instructions, faced professional embarrassment, the Fourth Respondent was aware of the proceedings but did not appear, and the application was unopposed, the solicitors for the Fourth Respondent ought to be granted leave to withdraw.

Court Disposition

Leave to withdraw granted.

Orders

  • ['The solicitors for the Fourth Respondent be granted leave to withdraw.']