Local Court (Civil Jurisdiction) Rules 1998

(1) At any time before the date fixed for the hearing of proceedings, a party may, without the leave of the Court:

(a) discontinue a statement of claim, counterclaim or claim by third party notice; or

(2) A notice of discontinuance or withdrawal in accordance with Form 5B is to be filed and served on each other party.

(3) Discontinuance or withdrawal is not effective until the notice is filed under subrule (2).

(4) A party who discontinues or withdraws must pay the costs of the other party incurred before the discontinuance or withdrawal unless the Court orders otherwise.

(5) Where a party is liable to pay the costs of another party because of discontinuance or withdrawal and the party, before paying the costs, commences further proceedings for the same or substantially the same cause of action, the Court may stay the proceedings until the costs are paid.

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