Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(SCR o 30 r 1 and r 2; MC(CJ)R s 67 and s 68; NSW r 12.1 (1) and r 12.2; Qld r 304)
(1) A plaintiff may discontinue a proceeding, or withdraw part of it, at any time before—
(a) if a certificate of readiness for the proceeding is required to be filed—
(i) the certificate of readiness is filed; or
(ii) the court directs that the proceeding be given a listing hearing even though a certificate of readiness has not been filed; or
(b) in any other case—the court sets a hearing date for the proceeding.
Note If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.
(2) A plaintiff may discontinue a proceeding, or withdraw part of it, at any other time only with the court's leave or the agreement of the other active parties.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
(3) Also, if there is more than 1 plaintiff, or a counterclaim against a plaintiff, a plaintiff may only discontinue or withdraw with the court's leave or the agreement of the other active parties.
(4) A plaintiff may discontinue against 1 or more defendants without discontinuing against other defendants.
(5) Each party who agrees to a proceeding being discontinued, or part of it being withdrawn, must agree in writing.