s 26.11
In forceWithdrawal of defence etc
Chapter 2Original jurisdiction—proceedings generally
Part 26Ending proceedings early
Division 26.2Withdrawal and discontinuance
26.11 Withdrawal of defence etc
(1)
A party may, at any time, withdraw a plea raised in the party’s pleading by filing a notice of withdrawal, in accordance with Form 47.
(2)
However, a party must not withdraw an admission or any other plea that benefits another party, in a defence or subsequent pleading unless:
(a)
the other party consents; or
(b)
the Court gives leave.
(3)
The notice of withdrawal must:
(a)
state the extent of the withdrawal; and
(b)
if the withdrawal is by consent—be signed by each consenting party.
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