Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 35.6

6. (1) Where the Court makes an order for the dismissal of proceedings or for
the dismissal of proceedings so far as concerns any cause of action or the
whole or any part of any claim for relief, the Court may order that such
dismissal shall be without prejudice to any right of the applicant or claimant
to bring fresh proceedings or to claim the same relief in fresh proceedings.

(2) Where-

   (a)  the Court makes an order for the dismissal of proceedings so far as
        concerns any cause of action or the whole or any part of any claim for
        relief by any party;

   (b)  the Court orders that party to pay any costs; and

   (c)  before payment of the costs, that party brings against a party to whom
        the costs are payable further proceedings on the same or substantially
        the same cause of action or for the same or substantially the same
        relief, the Court may stay the further proceedings until those costs
        are paid.