Commonwealth Numbered Regulations

1988 No. 166 FAMILY LAW RULES (AMENDMENT) - RULE 8

8. After Order 11 of the Family Law Rules the following Order is inserted:
                                  "ORDER 11A

DISCONTINUANCE
Discontinuance-Form 15A   "1. (1) Subject to subrule (2), an applicant or
cross-applicant who is a party to proceedings may:

   (a)  at any time before the day fixed for the final hearing of the
        application or cross-application-without the leave of the court; or

   (b)  at any later time-with the leave of the court; discontinue the
        application or cross-application wholly or in part by filing a notice
        of discontinuance in accordance with Form 15A.

"(2) Where:

   (a)  proceedings have been instituted with respect to the property of the
        parties to a marriage or either of them; and

   (b)  one of those parties dies before the proceedings are determined; the
        proceedings shall not be discontinued under this rule except with the
        leave of the court.

"(3) As soon as practicable after filing a notice of discontinuance, the party
filing the notice shall serve a copy of the notice on each other party to the
proceedings.

"(4) Discontinuance of an application or cross-application by a party to
proceedings shall not be taken to preclude any other party to the proceedings
from using the application or cross-application in cross-examination or in
evidence.

"(5) An application or cross-application that is discontinued shall be marked
by the Registrar accordingly and shall, unless the court otherwise orders,
remain on the court file.
Costs   "2. Where a party to proceedings files a notice of discontinuance, the
court may make an order for costs against that party in respect of costs
incurred by any other party to the proceedings as the result of the
discontinuance.
Stay to secure costs   "3. Where:


   (a)  the court makes an order for costs under rule 2 against a party in
        respect of costs incurred by another party; and

   (b)  the party later institutes further proceedings against that other
        party relating to the same, or substantially the same, subject-matter
        before the costs are paid; the court may stay the further proceedings
        until the costs are paid.".