Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1161

Discontinuance or withdrawal of counterclaim by defendant

A defendant may discontinue a counterclaim, or withdraw part of it—

        (a)     before being served with the plaintiff's answer to the counterclaim; or

        (b)     after being served with the plaintiff's answer to the counterclaim—only with the court's leave or the agreement of the other active parties.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.


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