Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 10.02

             (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, at a later time.

             (3)  However, a party must not file a notice of discontinuance in a proceeding under the Family Law Act without the leave of the court if:

                     (a)  the proceeding relates to the property of a party; and

                     (b)  one of the parties dies before the proceeding is decided.

             (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.

             (5)  Discontinuance of an application or response by a party does not discontinue any other party's application or response.