Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) An applicant may discontinue a proceeding, or withdraw part of it, at any time.
(2) The applicant and another party to the proceeding may agree, in writing, that the applicant may discontinue the proceeding, or withdraw part of it, against the other party at any time.
(3) A discontinuance or withdrawal under this rule is made by filing in the court a notice of discontinuance or withdrawal and serving a stamped copy of the notice on the other active parties in the proceeding.
Note If a form is approved under the href="http://www.legislation.act.gov.au/a/2004-59" title="A2004-59">Court Procedures Act 2004
, s 8 for this provision, the form must be used.
(4) If a proceeding is discontinued or withdrawn, a party who has not agreed to the discontinuance or withdrawal may apply to the court for an order that the applicant pay the party's costs of the proceeding up to when notice of the discontinuance or withdrawal is served on the party.
Note Pt 6.2 (Applications in proceedings) applies to an application under this rule.
(5) Subrule (4) is subject to rule 3968 (Workers compensation costs—generally).