Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 26.11

Withdrawal of defence etc

  (1)   A party may, at any time, withdraw a plea raised in the party's pleading by filing a notice of withdrawal, in accordance with Form 47.

  (2)   However, a party must not withdraw an admission or any other plea that benefits another party, in a defence or subsequent pleading unless:

  (a)   the other party consents; or

  (b)   the Court gives leave.

  (3)   The notice of withdrawal must:

  (a)   state the extent of the withdrawal; and

  (b)   if the withdrawal is by consent--be signed by each consenting party.


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