Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 36.73

Discontinuance of appeal

  (1)   An appellant may discontinue an appeal by filing a notice of discontinuance of the appeal, in accordance with Form 126:

  (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 the judgment is pronounced or the order is made.

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

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

  (4)   An appellant who files a notice under subrule (1) must, unless the parties otherwise agree, pay the costs of each respondent.


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