Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 762

762 Dismissal by consent

(1) The parties may agree an appeal should be dismissed by consent.

(2) If the parties agree to dismissal of the appeal, a memorandum in the approved form must be filed.

(3) The memorandum may provide that—

(a) an amount secured for the costs of the appeal be paid to a party specified in the memorandum; or

(b) the appellant pay the respondent’s costs of the appeal to be assessed; or

(c) the appellant pay the respondent’s costs of the appeal set by consent as a specified amount; or

(d) the appellant pay the respondent’s costs of the appeal, to be satisfied from an amount secured for the costs of the appeal with any balance to be paid to a specified party or to the party’s solicitor; or

(e) there be no order for the costs of the appeal.

(4) Unless the court otherwise orders in relation to an amount secured for the costs of an appeal—

(a) on the dismissal of the appeal, the registrar of the court in which the amount was lodged may pay the amount to the successful respondent; and

(b) on the allowance of the appeal with costs, the registrar may pay the amount to the appellant; and

(c) in either case—the payment may be made to the solicitors on the record for the party entitled to the amount.

(5) When the registrar stamps the memorandum with the seal of the court, it takes effect as an order dismissing the appeal and providing for costs in the way stated in it.