Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT RULES 2011 (SLI NO 134 OF 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.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback