Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 - RULE 13.01

  (1)   A party may discontinue an application or response by filing a notice of discontinuance in accordance with the approved form.

  (2)   A notice of discontinuance may be filed:

  (a)   at least 14 days before the day fixed for the final hearing of the application; or

  (b)   with the leave of the Court or a Registrar, at a later time.

  (3)   However, a party must not file a notice of discontinuance without the leave of the Court or a Registrar if the proceeding is a creditor's petition.

  (4)   A party filing a notice of discontinuance must, as soon as practicable, serve a copy of the notice on each other party to the proceeding.