Family Court Rules 2002

Discontinuance

Heading: inserted, on 1 March 2014, by rule 17 of the Family Courts Amendment Rules 2014 (LI 2014/3).

195A Discontinuance

(1)

At any time before or during the hearing of his or her substantive application, an applicant may make an interlocutory application without notice to the court to discontinue his or her substantive application against,—

(a)

if there is only 1 respondent, that respondent; or

(b)

if there is more than 1 respondent,—

(i)

1 or more of the respondents; or

(ii)

all respondents.

(2)

An interlocutory application made under subclause (1) must be determined by—

(a)

a Registrar, if the Registrar has power to hear and determine the applicant’s substantive application; or

(b)

a Judge, in any other case.

(3)

Before determining an interlocutory application made under subclause (1), the Registrar or the Judge may, under rule 224, direct the applicant to file an affidavit in support.

(4)

When determining an interlocutory application made under subclause (1), the Registrar or Judge may—

(a)

make a discontinuance order on the interlocutory application discontinuing the applicant’s substantive application against 1 or more specified respondents; or

(b)

dismiss the interlocutory application.

(5)

If a discontinuance order is made under subclause (4)(a),—

(a)

the applicant’s substantive application ends against those respondents specified in the order; and

(b)

a Registrar must serve on every party to the applicant’s substantive application a discontinuance order in form G 29.

(6)

The discontinuance of an applicant’s substantive application does not affect the determination of costs in respect of that application.

Rule 195A: inserted, on 1 March 2014, by rule 17 of the Family Courts Amendment Rules 2014 (LI 2014/3).

Rule 195A(5)(b): amended, on 1 July 2019, by rule 74 of the Family Court (Family Violence and Other Matters) Amendment Rules 2019 (LI 2019/94).