Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 (F2021L01220) - RULE 13.01

             (1)  A party may discontinue an application or response by filing a notice of discontinuance in accordance with the approved form.

             (2)  A notice of discontinuance may be filed:

                     (a)  at least 14 days before the day fixed for the final hearing of the application; or

                     (b)  with the leave of the Court or a Registrar, at a later time.

             (3)  However, a party must not file a notice of discontinuance without the leave of the Court or a Registrar if the proceeding is a creditor's petition.

             (4)  A party filing a notice of discontinuance must, as soon as practicable, serve a copy of the notice on each other party to the proceeding.