Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 12.01

Submitting notice

  (1)   A party who has been served with an originating application or a notice of appeal who does not want to contest the relief sought in the originating application or the notice of appeal may file a submitting notice, in accordance with Form 29.

Note:   Submitting notice is defined in the Dictionary.

  (2)   A submitting notice must:

  (a)   state that the party submits to any order that the Court may make; and

  (b)   state whether the party wants to be heard on the question of costs; and

  (c)   include an address for service; and

  (d)   be filed:

  (i)   for a party served with an originating application--before the return date; or

  (ii)   for a party served with a notice of appeal--within 14 days after being served with the notice of appeal.

  (3)   A party who has filed a submitting notice may apply to the Court for leave to withdraw the notice.

  (4)   An application under subrule (3) must be accompanied by an affidavit stating:

  (a)   why the party wants to withdraw the submitting notice; and

  (b)   the party's intentions in relation to the further conduct of the proceeding.

 


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