Family Violence Act 2016

The applicant in a proceeding for a protection order may discontinue the proceeding at any time before a final decision is made in the proceeding by filing a notice of discontinuance.

The court may make an order for costs against an applicant if satisfied the application was vexatious, frivolous or in bad faith. However, an application is not vexatious, frivolous or in bad faith only because it is made then discontinued (see s 73).

If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.

If a proceeding is discontinued, the discontinuance—

does not prevent a further application being made in relation to the same, or substantially the same, matter; and

is not a defence in a proceeding on any further application.