Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p39
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 39/154)
Character Range: 308677–311313

who files a notice of discontinuance under subrule (2) is liable to pay the costs of each other party to the proceeding in relation to the claim, or part of the claim, that is discontinued.

26.13  Service of notice
  A party who files a notice under rule 26.11 or 26.12 must, as soon as reasonably practicable, serve a copy of the notice on each other party to the proceeding.

26.14  Effect of discontinuance
  Discontinuance under this Division cannot be pleaded as a defence to a proceeding in relation to the same, or substantially the same, cause of action.
Note: The Court may permit a party to discontinue on terms inconsistent with this rule—see rule 1.35.

26.15  Stay of proceeding until costs paid
  An opposing party may apply to the Court for an order that a subsequent proceeding be stayed until the costs are paid if:
 (a) a party (the first party) discontinues a proceeding, whether in relation to the whole, or a part, of a claim for relief; and
 (b) the first party therefore becomes liable to pay the costs of an opposing party to the proceeding; and
 (c) before paying those costs, the first party starts another proceeding against the opposing party on the basis of the same, or substantially the same, cause of action as the cause of action on which the discontinued proceeding was based.

Part 27—Transfer of proceedings

Division 27.1—Federal Circuit and Family Court of Australia

27.01  Transfer to the Federal Circuit and Family Court of Australia
 (1) The Court must not make an order under subsection 32AB(1) of the Act on its own initiative transferring a proceeding from the Court to the Federal Circuit and Family Court of Australia unless the parties to the proceeding have been notified of the proposed transfer and have been given an opportunity to be heard in relation to the proposed transfer.
Note: Subsection 32AB(1) of the Act provides that the Court may, by order, transfer a proceeding that is pending in the Court to the Federal Circuit and Family Court of Australia. Subsection 32AB(2) of the Act provides that the Court may transfer the proceeding on the application of a party to the proceeding or on its own initiative.
 (2) Before the Court makes an order under subsection 32AB(1) of the Act transferring a proceeding from the Court to the Federal Circuit and Family Court of Australia (Division 1):
 (a) the Court must consult the Chief Justice of the Court in relation to the proposed transfer; and
 (b) the Chief Justice of the Court must consult the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) in relation to the proposed transfer.
 (3) Before the