Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 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.



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