Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 23.12

Withdrawal of acceptance-Form 35
12. (1) An applicant may, by filing a notice in the prescribed form, withdraw
his acceptance of money brought into Court-

   (a)  where all or any of the money has been brought into Court by the
        filing of a security and the money accepted is not paid into Court
        within 7 days after service of notice of the acceptance on the
        respondent filing the security; or

   (b)  where the Court gives leave so to do.

(2) On withdrawal of an acceptance all steps in the proceeding taken in
consequence of the acceptance shall have such effect only as the Court may
direct.

(3) On withdrawal of an acceptance or on the motion for leave to withdraw an
acceptance, the Court may-

   (a)  give directions under sub-rule (2);

   (b)  give directions for restoring the parties as nearly as may be to their
        positions at the time of the acceptance; and

   (c)  give directions for the further conduct of the proceeding.



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