Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p38
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 38/154)
Character Range: 306209–308896

giving judgment for the applicant against the respondent for the whole or part of the applicant's claim, a respondent who has a cross‑claim against the applicant or some other party may:
 (a) continue to prosecute the cross‑claim against the applicant or other party; and
 (b) apply to the Court for an order staying execution on or enforcement of the judgment until the respondent's cross‑claim is determined.
Note: See also section 31A of the Act.
Rules 26.02–26.10 left blank

Division 26.2—Withdrawal 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.

26.12  Discontinuance
 (1) A party claiming relief may discontinue a proceeding in whole or in part by filing a notice of discontinuance, in accordance with Form 48.
 (2) The party may file the notice of discontinuance:
 (a) without the leave of the Court or the other party's consent:
 (i) at any time before the return date fixed in the originating application; or
 (ii) if the proceeding is continuing on pleadings—at any time before the pleadings have closed; or
 (b) with the opposing party's consent—before judgment has been entered in the proceeding; or
 (c) with the leave of the Court—at any time.
Note 1: For when pleadings close, see rule 16.12.
Note 2: The Court may give leave subject to conditions including costs—see rule 1.33.
 (3) The notice of discontinuance must:
 (a) state the extent of the discontinuance; and
 (b) if the discontinuance is by consent—be signed by each consenting party.
 (4) However, a litigation representative or a representative party must not discontinue a party's claim without first obtaining the leave of the Court.
 (5) An application for a winding up order under section 459P or 461(1)(a) of the Corporations Act 2001 may be discontinued only with the leave of the Court.
 (6) A notice of discontinuance filed by one party does not affect any other party to the proceeding.
 (7) Unless the terms of a consent or an order of the Court provide otherwise, a party 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