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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