Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 273

273 Withdrawal of existing proceeding

(1) If a former Act provides for the withdrawal of an existing proceeding, from the commencement the withdrawal may be made—

(a) by filing a notice of withdrawal in the registry; but

(b) if the former Act limits the circumstances or period within which the existing proceeding could have been withdrawn under the former Act—only if the withdrawal is within the limitations under the former Act.

(2) If a former Act does not provide for the withdrawal of an existing proceeding, the existing proceeding may be withdrawn by withdrawing the application or referral for the existing proceeding in the way stated in the rules for section 46 (1) if—

(a) QCAT gives leave for the withdrawal; and

(b) the withdrawal is made before the matter the subject of the proceeding is heard and decided by QCAT.

(3) If a person withdraws an existing proceeding, the person can not make a further application or referral, or request, require or otherwise seek a further referral, relating to the same facts or circumstances without leave of QCAT.

(4) In this section—

"withdrawal" , of an existing proceeding, includes withdrawal of an application or referral for the existing proceeding.