Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p33
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 78766–81398

right to apply for a referral
  A party is not entitled to apply to the Court for a referral under rule 12.01.

12.03  Acceptance of referral and provision of legal assistance
  If a lawyer agrees to accept a referral under rule 12.01, the lawyer must provide legal assistance in accordance with the referral certificate.

12.04  Ceasing to provide legal assistance
  If a pro bono lawyer no longer wishes to provide legal assistance, the lawyer must withdraw in accordance with rule 9.03.

Part 13—Ending a proceeding early

Division 13.1—Discontinuance

13.01  Discontinuance
 (1) A party may discontinue an application or response by filing a notice of discontinuance in accordance with the approved form.
 (2) A notice of discontinuance may be filed:
 (a) at least 14 days before the day fixed for the final hearing of the application; or
 (b) with the leave of the Court or a Registrar, at a later time.
 (3) However, a party must not file a notice of discontinuance without the leave of the Court or a Registrar if the proceeding is a creditor's petition.
 (4) A party filing a notice of discontinuance must, as soon as practicable, serve a copy of the notice on each other party to the proceeding.

13.02  Costs
 (1) If a party discontinues an application, or part of an application, another party to the proceeding may apply for costs.
 (2) Unless the Court or a Registrar directs otherwise, an application for costs must be made by a party within 28 days after service on the party of the notice of discontinuance.
 (3) If an order for costs is made against a party and the party brings against the party to whom the costs are payable a further proceeding on the same or substantially the same matter, the Court may stay the further proceeding until the costs are paid.

Division 13.2—Order or judgment on default

13.03  Definitions for Division 13.2
  In this Division:
applicant includes a cross‑claimant.
claim includes a cross‑claim.
respondent includes a cross‑respondent.

13.04  When a party is in default
 (1) For the purposes of rule 13.05, an applicant is in default if the applicant fails to:
 (a) comply with an order of the Court in the proceeding; or
 (b) file and serve a document required under these Rules; or
 (c) produce a document as required by Part 14; or
 (d) do any act required to be done by these Rules; or
 (e) prosecute the proceeding with due diligence.
 (2) For the purposes of rule 13.05, a respondent is in default if the respondent:
 (a) has not satisfied the applicant's claim; and
 (b) fails to:
 (i) give an address for service before the time for the respondent to give an address has