Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p38
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 88738–91370

consent of each party who consents.
27.10.5  The plaintiff must serve the notice of discontinuance on each other party on the day it is filed.
27.10.6  Subject to any contrary order of the Court or a Justice a plaintiff discontinuing a proceeding or withdrawing a claim shall pay the costs of each party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal.

Part 28—Summary dismissal and other orders

28.01  Summary dismissal and other orders
28.01.1  If a plaintiff or applicant has not done any act required to be done by or under these Rules, or otherwise has not prosecuted a proceeding with due diligence, the Court or a Justice may:
 (a) order that the proceeding be dismissed for want of prosecution; or
 (b) fix a time for the doing of an act and, at the same time, order that upon non‑compliance the proceeding shall stand dismissed for want of prosecution or, subsequently and in the event of non‑compliance, order that it be so dismissed; or
 (c) make any other order as may seem just, including as to the costs of the proceeding.
28.01.2  If a proceeding generally, or any claim in a proceeding:
 (a) does not disclose a cause of action; or
 (b) is scandalous, frivolous or vexatious; or
 (c) is an abuse of the process of the Court; or
 (d) has no reasonable prospect of success;
the Court or a Justice may stay the proceeding or a claim made in the proceeding or may give judgment in the proceeding or in relation to a claim made in the proceeding.
28.01.3  The Court or a Justice may make an order under rule 28.01.1 or 28.01.2:
 (a) on application by a defendant or respondent on notice; or
 (b) of the Court's or the Justice's own motion after notice has been given by the Registrar to each plaintiff or applicant.
[End of Chapter 2. Chapter 3 commences with Part 30.]

Chapter 3—Election petitions

Part 30—Commencing proceedings

30.01  Form of petition
  A petition disputing the validity of an election or return shall be in Form 22.

30.02  Publication and advertisement
30.02.1  Forthwith after filing a petition, the petitioner shall publish a copy of the petition in the Commonwealth Gazette and in the official Gazette of the State or Territory in which the election was held.
30.02.2  In addition to the publication required by rule 30.02.1 the petitioner, forthwith after filing a petition concerning the election of a member of the House of Representatives, shall publish in a newspaper circulating in the Electoral Division for which the election was held a notice stating:
 (a) that the petition has been filed;
 (b) the date on which the petition was