Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A plaintiff may discontinue a proceeding or withdraw any part of it at any time, by leave of the Court or with the consent of all other parties.
(2) A defendant may discontinue a counterclaim or withdraw any part of it at any time, by leave of the Court or with the consent of all other parties to the counterclaim.
(3) At any time the plaintiff may withdraw a notice of defence to counterclaim or any part of it and a defendant may withdraw the defendant's notice of defence or any part of it.
(4) Paragraph (3) does not enable a party to withdraw an admission or any other matter operating for the benefit of another party without the consent of that party or the leave of the Court.
(5) A defendant who has joined a third party may discontinue the claim made against the third party by the third party notice or withdraw any part of the claim at any time by leave of the Court or with the consent of the third party.