Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 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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