Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 39.03

Dismissal of proceedings and stay of further proceedings

         (1)   If the Court makes an order dismissing a proceeding or part of a proceeding, the applicant may apply to the Court:

                (a)    for an order that the dismissal be without prejudice to any right of the applicant to bring fresh proceedings; or

               (b)    for leave to claim the same relief in a new proceeding.

         (2)   If:

                (a)    a proceeding has been dismissed in whole or in part; and

               (b)    the Court has ordered the applicant to pay another party's (the second party's ) costs;

the second party may apply to the Court for an order staying any further proceedings brought by the applicant against the second party on the same or substantially the same cause of action or relief, until the costs have been paid.

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