32Solicitor as material witness in client’s case (ASCR 27)

32 Solicitor as material witness in client’s case (ASCR 27)

(1)  In a case in which it is known, or becomes apparent, that a solicitor will be required to give evidence that is material to the determination of contested issues before the court, the solicitor may not appear as advocate for the client in the hearing.

(2)  In a case in which it is known, or becomes apparent, that a solicitor will be required to give evidence that is material to the determination of contested issues before the court, the solicitor, an associate of the solicitor or a law practice of which the solicitor is a member may act or continue to act for the client unless doing so would prejudice the administration of justice.