Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 33.31

  (1)   An applicant may discontinue an appeal by filing a notice of discontinuance of the appeal, in accordance with Form 78:

  (a)   without the Court's leave--at any time before the hearing of the appeal; or

  (b)   with the Court's leave:

  (i)   at the hearing; or

  (ii)   after the hearing and before a judgment is pronounced or an order made.

  (2)   A notice of discontinuance has the effect of an order of the Court dismissing the applicant's appeal.

  (3)   A notice of discontinuance filed by one applicant does not affect any other applicant in the appeal.

  (4)   An applicant who files a notice under subrule (1) must, unless the parties otherwise agree, pay the costs of each party to the appeal.