Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - REG 27.10

27.10.1    A party who has filed an appearance in a proceeding may withdraw the appearance at any time with the leave of the Court or a Justice.

27.10.2    A plaintiff may discontinue a proceeding or withdraw any part of it:

                (a)    before the defendant against whom the proceeding or claim is to be discontinued has filed an appearance; or

               (b)    at any time by leave of the Court or a Justice or with the consent of all other parties.

27.10.3    A discontinuance or withdrawal shall be made by filing a notice stating the extent of the discontinuance or withdrawal.

27.10.4    When the discontinuance or withdrawal is with the consent of other parties the notice shall be indorsed with the consent of each party who consents.

27.10.5    On the day a notice of discontinuance is filed a copy shall be served on each other party.

27.10.6    Subject to any contrary order of the Court or a Justice a plaintiff discontinuing a proceeding or withdrawing a claim shall pay the costs of each party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal.

[ End of Chapter 2 . Chapter 3 commences with Part 30 .]