Federal Court Rules 2011

A party who has been served with an originating application or a notice of appeal who does not want to contest the relief sought in the originating application or the notice of appeal may file a submitting notice, in accordance with Form 29.

Submitting notice is defined in the Dictionary.

A submitting notice must:

state that the party submits to any order that the Court may make; and

state whether the party wants to be heard on the question of costs; and

include an address for service; and

be filed:

for a party served with an originating application—before the return date; or

for a party served with a notice of appeal—within 14 days after being served with the notice of appeal.

A party who has filed a submitting notice may apply to the Court for leave to withdraw the notice.

An application under subrule (3) must be accompanied by an affidavit stating:

why the party wants to withdraw the submitting notice; and

the party’s intentions in relation to the further conduct of the proceeding.