Where a party has been required, or ordered to give discovery, that party shall be under a continuing obligation to discover any document not previously discovered and which would otherwise be necessary to comply with the requirement or order.
8 Order for particular discovery
Where, at any stage of the proceeding, it appears to the Court from evidence or from the nature or circumstances of the case or from any document filed in the proceeding that there are grounds for a belief that some document or class of document relating to any matter in question in the proceeding may be or may have been in the possession, custody or power of a party, the Court may order that party:
(a) to file any affidavit stating whether that document or any document of that class is or has been in his or her possession, custody or power and, if it has been but is not then in his or her possession, custody or power, when he or she parted with it and what has become of it; and
(b) to serve the affidavit on any other party.
9 Deponent
(1) Subject to subrule (2), an affidavit verifying a list of documents of a party or an affidavit to be filed by a party pursuant to an order under rule 8 may be made as follows:
(a) by the party;
(b) where the party is a person under disability, by the party’s tutor;
(c) where the party is a corporation or organisation by a member or officer of the corporation or organisation;
(d) where the party is a body or persons lawfully suing or being sued in the name of the body or in the name of any officer or other person, by a member or officer of the body;
(e) where the party is the Crown or an officer of the Crown suing or being sued in an official capacity, by an officer of the Crown.
(2) Where the party is a person to whom any of paragraphs (1) (c), (d) and (e) applies and the affidavit is to be filed and served pursuant to an order, the Court may:
(a) specify by name or otherwise the person to make the affidavit; or
(b) specify by description or otherwise the persons from whom the party may choose the person to make the affidavit.
(3) Subject to subrule (2), where the party is a person to whom any of paragraphs (1) (c), (d) and (e) applies, the party shall choose a person to make the affidavit who is qualified under the relevant paragraph and has knowledge of the facts.
Division 2 Inspection
10 Document referred to in pleading or affidavit
(1) Where a pleading or affidavit filed by a party refers to a document, any other party may, by notice to produce served on that party, require the party to produce the document for inspection.
(2) Where a notice to produce a document is served on a party under subrule (1), the party shall, within 4 days after that service, serve on the party requiring production a notice:
(a) appointing a time within 7 days after service of the notice under this subrule when, and a place where, the document may be inspected;
(b) claiming that the document is privileged from production and sufficiently stating the grounds of the privilege; or
(c) stating that the document is not in the party’s possession, custody or power and stating to the best of the party’s knowledge information and belief where the document is and in whose possession, custody or power it is.
11 Order for production
(a) it appears from a list of documents filed by a party under this Order that any document is in the party’s possession, custody or power;
(b) a pleading or affidavit filed by a party refers to any document; or
(c) it appears to the Court from evidence or from the nature or circumstances of the case or from any document filed in the proceeding that there are grounds for a belief that any document relating to any matter in question in the proceeding is in the possession, custody or power of a party; the Court may, subject to any question of privilege which may arise, order the party:
the Court may, subject to any question of privilege that may arise, order the party:
(d) to produce the document for inspection by any other party at a time and place specified in the order; or
(e) to file and serve on any other party a copy of the whole or any part of the document, with or without an affidavit verifying the copy made by a person who has examined the document and the copy.
(2) An affidavit made pursuant to an order under paragraph (1) (e) shall, unless the Court otherwise orders, state whether there are in the document copied any and, if so, what erasures, interlineations or alterations.
12 Copying of documents produced for inspection
A party to whom a document is produced for inspection under this Order may, at his or her own expense, make copies, including photocopies, of the document subject to any reasonable conditions which may be imposed by the party producing the document.
13 Production to the Court
(1) The Court may, at any stage of any proceeding, order any party to produce to the Court any document in the party’s possession, custody or power relating to any matter in question in the proceeding.
(2) Upon production of a document to the Court pursuant to an order under subrule (1), the Court may deal with the document in such manner as the Court thinks fit.
14 Inspection to decide objection
Where an application is made for an order under rule 11 for the production of any document for inspection by another party or for an order under rule 13 for the production of any document to the Court and a claim is made that the document is privileged from production or an objection to production is made on any other ground, the Court may inspect the document for the purpose of deciding the validity of the claim or objection.
15 Order only if necessary
The Court shall not make an order under this Order for the filing or service of any list of documents or affidavit or other document or for the production of any document unless satisfied that the order is necessary at the time when the order is made.
16 Procedure on default
(1) Where a party does not file or serve a list of documents or affidavit or other document or does not produce any document as required by or under this Order, any other party may move the Court on notice:
(a) if the party in default is an applicant — for an order that the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by the applicant in the proceeding;
(c) for an order that such document, affidavit or list of documents be filed, served or produced within the time limited in the order.
(2) The Court may make an order of the kind mentioned in subrule (1) or any other order or may give such directions, and specify such consequences for non-compliance with the order, as the Court thinks just.
17 Public interest
This Order does not affect any rule of law which authorises or requires the withholding of any document on the ground that its disclosure would be injurious to the public interest.
18 Use of documents
Any order or undertaking, whether express or implied, not to use a document for any purpose other than those of the proceedings in which it is disclosed shall cease to apply to such a document after it has been read to or by the Court or referred to, in open Court, in such terms as to disclose its contents unless the Court otherwise orders on the application of a party, or of a person to whom the document belongs.
Order 15A Preliminary discovery and discovery from non-party
In this Order, unless the context or subject-matter otherwise requires:
applicant means applicant for an order under this Order.
description includes the name, and (as applicable) the place of residence, registered office, place of business, occupation and sex of the person against whom the applicant desires to bring a proceeding, and also whether that person is an individual or a corporation.
possession means possession, custody or power.
2 Privilege
An order made under this Order does not operate to require the person against whom the order is made to produce any document which, on the ground of privilege, the person could not be required to produce:
(a) in the case of an order under rule 3 or rule 6, if the applicant had commenced a proceeding against the person; or
(b) in the case of an order under rule 5 or rule 7, if the applicant had made the person a party to the proceeding; or
(c) in the case of an order made under rule 8, if the person had been served with a subpoena for production of the document at the trial of the proceeding.
3 Discovery to identify a respondent
(1) Where an applicant, having made reasonable inquiries, is unable to ascertain the description of a person sufficiently for the purpose of commencing a proceeding in the Court against that person (in this rule called the person concerned) and it appears that some person has or is likely to have knowledge of facts, or has or is likely to have or has had or is likely to have had possession of any document or thing, tending to assist in such ascertainment, the Court may make an order under subrule (2).
(2) The Court may order that the person, and in the case of a corporation, the corporation by an appropriate officer, shall:
(a) attend before the Court to be examined in relation to the description of the person concerned; and
(b) make discovery to the applicant of all documents which are or have been in the person’s or its possession relating to the description of the person concerned.
(3) Where the Court makes an order under paragraph (2) (a), it may:
(a) order that the person or corporation against whom or which the order is made shall produce to the Court on the examination any document or thing in the person’s or its possession relating to the description of the person concerned; and
(b) direct that the examination be held before a Registrar.
4 Conduct money
Order 27 rule 3 as to conduct money applies in relation to an order under paragraph 3 (2) as it applies in relation to a subpoena.
5 Party an applicant
Rule 3 applies, with any necessary modification, where the applicant is a party to a proceeding and wishes to make in the proceeding against a person who is not a party a claim which could properly have been made in the proceeding had the person been a party.
6 Discovery from prospective respondent
(a) there is reasonable cause to believe that the applicant has or may have the right to obtain relief in the Court from a person whose description has been ascertained; and
(b) after making all reasonable inquiries, the applicant has not sufficient information to enable a decision to be made whether to commence a proceeding in the Court to obtain that relief; and
(c) there is reasonable cause to believe that that person has or is likely to have or has had or is likely to have had possession of any document relating to the question whether the applicant has the right to obtain the relief and that inspection of the document by the applicant would assist in making the decision;
the Court may order that that person shall make discovery to the applicant of any document of the kind described in paragraph (c).
7 Party an applicant
Rule 6 applies, with any necessary modification, where the applicant is a party to a proceeding and there is reasonable cause to believe that the applicant has or may have the right to obtain against a person who is not a party relief which the applicant could properly have claimed in the proceeding had the person been a party.
8 Discovery from non-party
On the application of any party to a proceeding the Court may order that a person who is not a party who, it appears, has or has had, or is likely to have or to have had, possession of any document which relates to any question in the proceeding shall make discovery to the applicant of any such document.
9 Procedure
(1) An application under rule 3 shall, unless a Judge otherwise orders, be served personally on the person concerned.
(2) An application under rule 6 shall, unless a Judge otherwise orders, be served personally on the person mentioned in paragraph (a) of that rule.
(3) An application under any rule of this order shall be supported by an affidavit:
(a) stating the facts upon which the applicant relies; and
(b) specifying or describing the documents or any class of documents in respect of which an order is sought.
(4) A copy of the supporting affidavit shall be served on every person upon whom the notice of motion is served.
10 Inspection of documents
Division 2 of Order 15 applies, with any necessary modification, to the inspection of the documents referred to in a list of documents made and served in accordance with this Order as if the list were a list of documents as mentioned in Order 15 rule 2.
11 Costs
(1) Subject to section 347 of the Act, on an application under this Order the Court may make an order for the costs and expenses of the applicant, of the person against whom the order is made or sought and of any party to the proceeding, including the costs of making and serving any list of documents, of producing any document for inspection in accordance with rule 10 or of complying with any order made under Division 2 of Order 15 including such expense or compensation as would have been allowable under Order 27 rule 4A.
(2) The Court may make an order under this Order on condition that the applicant give security for the costs and expenses of the person against whom the order is made.
12 Power to order inspection, preservation etc of property
On an application under this Order the Court may also make an order providing for any one or more of the following matters:
(a) the inspection, measurement, photocopying, preservation, custody and detention of property:
(i) that relates to the subject matter of the proceedings; or
(ii) as to which any question arises in the proceedings; and
(b) in respect of that property:
(i) taking of samples;
(ii) observation;
(iii) carrying out of any experiment;
(iv) making, playing or screening of tape recordings and films and other means of recording sight or sound;
(v) making and reproducing or displaying other instrumental recordings and tracings;
with respect to any such property mentioned in paragraph (a).
Order 16 Interrogatories
1 Interrogatories by notice — Form 23
(1) The Court may, in its discretion, give leave to any party to file and serve upon any other party, within the period limited by the Court for this purpose, a notice requiring the party served to answer interrogatories relating to any matter in question between the interrogating party and the party served.
(2) The notice to answer interrogatories must be made in accordance with Form 23.
2 Answers pursuant to notice
(1) A party required to answer interrogatories must do so within such time, not being less than 14 days after service on the party of the notice under rule 1, as may be specified in the notice.
(2) Subject to rule 3, a party answers interrogatories by filing and serving on the party requiring the answers:
(a) a statement in accordance with rule 6; and
(b) an affidavit verifying that statement.
3 Limitation of interrogatories by notice
(1) The Court may, before or after any party has been required under rule 1 to answer interrogatories, order that answers to interrogatories under rule 2 by any party shall not be required, or shall be limited to such interrogatories or classes of interrogatories, or to such of the matters in question in the proceeding, as may be specified in the order.
(2) Where any party has been required under rule 1 to answer any interrogatory, the Court may, on application by the party, order that an answer to that interrogatory shall not be required or may limit the extent to which an answer shall be required.
(3) The Court shall, on application, make such orders under subrules (1) and (2) as are necessary to prevent unnecessary interrogatories or unnecessary answers to interrogatories.
Where an applicant claims relief against two or more respondents, and requires any respondent to answer interrogatories under rule 2, that respondent shall serve his or her statement in answer and affidavit not only on the applicant but also on each other respondent who has entered an appearance.
5 Order to answer
The Court may, at any stage of the proceeding, order any party to answer interrogatories either in accordance with rule 2 or in accordance with such directions as the Court may give.
6 Contents of statement — Form 24
(1) A statement in answer to interrogatories required by or under this Order must be in accordance with Form 24 and, unless the Court otherwise orders, conform to the requirements of this rule.
(2) A statement in answer to interrogatories shall deal with each interrogatory specifically either:
(a) by answering the substance of the interrogatory without evasion; or
(b) by objecting to answer the interrogatory on one or more of the grounds mentioned in subrule (3) and briefly stating the facts on which the objection is based.
(3) Subject to subrule (4), a party may object to answering any interrogatory on the following grounds but no other:
(a) where the answering is not required by an order, that the interrogatory does not relate to any matter in question between that party and the party requiring the answer;
(b) that the interrogatory is vexatious or oppressive; and
(c) privilege.
(4) On an application under subrule 3 (2) or rule 5 in respect of any interrogatory, the Court may require the applicant to specify on what grounds he or she objects to answering that interrogatory and may determine the sufficiency of the objection and, if the Court determines that the objection is not sufficient, the applicant shall not be entitled to object to answering that interrogatory in a statement in answer to interrogatories.
7 Deponent — Form 24
(1) Subject to subrule (2), an affidavit verifying a statement of a party in answer to interrogatories may be made as follows:
(a) by the party;
(b) where the party is a person under disability, by the party’s tutor;
(c) where the party is a corporation or organisation, by a member or officer of the corporation or organisation;
(d) where the party is a body of persons lawfully suing or being sued in the name of the body or in the name of any officer or other person, by a member or officer of the body;
(e) where the party is the Crown or an officer of the Crown suing or being sued in an official capacity, by an officer of the Crown.
(2) Where the party is a person to whom any of paragraphs (1) (c), (d) and (e) applies and the affidavit is to be filed and served pursuant to an order, the Court may, in relation to any or all of the interrogatories:
(a) specify by name or otherwise the person to make the affidavit; or
(b) specify by description or otherwise the persons from whom the party may choose the person to make the affidavit.
(3) Subject to subrule (2), where the party is a person to whom any of paragraphs (1) (c), (d) and (e) applies, the party shall, in relation to each interrogatory, choose a person to make the affidavit who is qualified under the relevant paragraph and has knowledge of the facts.
8 Insufficient answer
(1) Where a party fails to answer an interrogatory sufficiently, the Court may:
(a) if the party has made an insufficient answer, order the party to make a further answer verified by affidavit in accordance with rule 7; or
(b) order the party or any of the persons mentioned in paragraphs 7 (1) (b) to (d) as the nature of the case requires, to attend to be orally examined.
(2) Subrule (1) does not limit the powers of the Court under rule 9.
9 Procedure on default
(1) Where a party does not comply with an order under rule 5 or rule 8 to file or serve a statement or affidavit, any other party may move the Court on notice:
(a) if the party in default is an applicant — for an order that the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by the applicant in the proceeding;
(c) for an order that the statement or affidavit be filed or served within the time limited in that order.
(2) The Court may make an order of the kind mentioned in subrule (1) or any other order or may give such directions, and specify such consequences for non-compliance with the order, as the Court thinks just.
10 Answers as evidence
(1) A party may tender as evidence:
(a) one or more answers to interrogatories without tendering the others; or
(b) part of an answer to an interrogatory without tendering the whole of the answer.
(2) Where the whole or part of an answer to an interrogatory is tendered as evidence, the Court may:
(a) look at the whole of the answers; and
(b) if it appears to the Court that any other answer or any part of an answer is so connected with the matter tendered that the matter tendered ought not to be used without that other answer or part, the Court may reject the tender unless that other answer or part is also tendered.
11 Public interest
This order does not affect any rule of law which authorises or requires the withholding of any matter on the ground that its disclosure would be injurious to the public interest.
Order 17 Inspection of property
1 Inspection of property
(1) The Court may, for the purpose of enabling the proper determination of any matter in question in any proceeding, make orders for:
(a) the inspection of any property;
(b) the taking of samples of any property;
(c) the making of any observation of any property;
(d) the trying of any experiment on or with any property;
(e) the observation of any process; or
(f) the copying of any document or the copying, transcribing or production of any material, data or information stored or recorded by mechanical or electronic means.
(2) Any order under subrule (1) may authorise any person to enter any land or to do any other thing for the purpose of getting access to the property.
(3) In this rule property includes any land and any document or other chattel, whether in the ownership, possession, custody or power of a party or not.
2 Application and service
An order referred to in rule 1 shall not be made against a party or a person not being a party to the proceeding unless an application for such order is served upon that person or the Court or a Judge orders that such service be dispensed with.
3 View
The Court may inspect, or, at a trial, may authorise a jury to inspect, any place, process or thing with respect to which any question arises in the proceedings.
Order 18 Admissions
1 Voluntary admission
(1) A party to a proceeding may, by notice served on another party, admit, in favour of the other party but for the purpose of the proceeding only, the facts specified in the notice.
(2) A party may, with the leave of the Court, withdraw an admission under subrule (1).
2 Notice to admit facts — Form 25
(1) A party to a proceeding may require another party, by notice in accordance with Form 25 served on the other party to admit, for the purpose of the proceeding only, the facts or documents specified in the notice.
Form 26
(2) If, as to any fact or document specified in the notice, the party on whom the notice is served does not, within 14 days after service, serve, on the party serving the notice to admit facts or documents, a notice in accordance with Form 26 disputing that fact or document, that fact or document shall, for the purpose of the proceeding, be admitted by the party on whom the notice to admit facts or documents is served in favour of the party serving the notice.
(3) A party may, with the leave of the Court, withdraw an admission under subrule (2).
(4) Where a party serves a notice disputing a fact or a document under subrule (2), and afterwards that fact or the authenticity of the document is proved in the proceeding, the party shall, if the Court so orders, pay the cost of proof.
3 Admission of documents discovered
(1) Where a list of documents is served on a party under Order 15 (which relates to discovery and inspection of documents), and inspection of any document specified in the list is permitted to that party under that Order, then, subject to subrule (2), the following admissions by that party in favour of the party serving the list shall have effect unless the Court otherwise orders:
(a) that the document, if described in the list as an original document, is an original document and was printed, written, signed or executed as it purports to have been; or
(b) that the document, if described in the list as a copy, is a true copy.
(2) Where a party:
(a) has by a pleading or affidavit denied the authenticity of a document; or
(b) within 14 days after the time limited under Order 15 for inspection of a document, serves on the party giving inspection a notice of dispute about the authenticity of the document;
subrule (1) does not work an admission by the first-mentioned party as to that document.
(3) Subrules (1) and (2) apply in relation to an affidavit made in compliance with an order under Order 15, rule 8 (which relates to discovery of particular documents) as they apply in relation to a list of documents served under that Order.
4 Judgment on admissions
(1) Where admissions are made by a party, whether by pleading or otherwise, the Court may, on the application of any other party, pronounce any judgment or make any order to which the applicant is entitled on the admissions.
(2) The Court may exercise its powers under subrule (1) notwithstanding that other questions in the proceeding have not been determined.
Order 19 Motions
(1) Any interlocutory or other application in any proceeding which has already been commenced in accordance with these Rules shall be made by motion.
(2) The motion shall be supported by affidavit setting forth the facts relied upon.
(3) Such application may be made to the Court or a Judge.
2 Notice of motion — Form 27
(1) Subject to subrule (2), a person shall not move the Court or a Judge for any order unless before moving the party has filed notice of the motion and has served the notice on each interested party who has an address for service in the proceeding.
(2) A person may move the Court or a Judge without previously filing or serving notice of the motion:
(a) where the preparation of the notice, or the filing or service (as the case may be) of the notice would cause undue delay or other mischief to the applicant;
(b) where each party interested, other than the applicant, consents to the order;
(c) where under these Rules the motion may properly be made without the prior filing or service (as the case may be) of notice of the motion; or
(d) where the Court or a Judge dispenses with the requirements of subrule (1).
(3) Notice of a motion shall:
(a) state the date and time when, and the place where, the motion is to be made;
(b) where the Court or a Judge makes an order under rule 3, bear a note of the order made;
(c) state concisely the nature of the order which is sought; and
(d) name each party affected by the order which is sought.
3 Time for service of notice
Where a notice of motion is required to be served, it shall, unless the Court or a Judge otherwise orders, be served not less than three days before the date fixed for the motion.
Where notice of a motion is to be served on a person who has not entered an appearance, the notice shall, unless the Court or a Judge otherwise orders, be served personally.
5 Absence of party
The Court or a Judge may hear and dispose of a motion in the absence of any party:
(a) where service of notice of the motion on the absent party is not required by the Rules or by an order; or
(b) where notice of the motion has been duly served on the absent party.
6 Further hearing
(1) Where notice of a motion for any day has been filed or served, and the motion is not disposed of on that day:
(a) the Court or a Judge may hear and dispose of the motion on any later day fixed by the Court or Judge; and
(b) subject to subrule (2), filing or service of further notice of motion shall not be required.
(2) Paragraph (1) (b) does not have effect:
(a) where the Court or a Judge directs the filing or service of a further notice of motion; or
(b) where service is required on a party on whom notice of the motion has not previously been served.
Order 20 Summary disposal and stay of proceedings
1 Summary judgment
(1) Where, in relation to the whole or any part of the applicant’s claim for relief, there is evidence of the facts on which the claim or part is based, and:
(a) there is evidence given by the applicant or by some responsible person that, in the belief of the person giving the evidence, the respondent has no defence to the claim or part; or
(b) the respondent’s defence discloses no answer to the applicant’s claim or part;
the applicant may move on notice for such judgment for the applicant on that claim or part and the Court may pronounce such judgment and make such orders as the nature of the case requires.
(2) Where the Court pronounces judgment against a party under this rule, and that party claims relief against the party obtaining the judgment, the Court may stay execution on, or other enforcement of, the judgment until determination of the claim by the party against whom the judgment is directed to be entered.
(3) The Court in any application under this rule may give such directions, whether for amendment of the pleadings or otherwise, as may be thought fit.
2 Frivolity
(1) Where in any proceeding it appears to the Court that in relation to the proceeding generally or in relation to any claim for relief in the proceeding:
(a) no reasonable cause of action is disclosed;
(b) the proceeding is frivolous or vexatious; or
(c) the proceeding is an abuse of the process of the Court;
the Court may order that the proceeding be stayed or dismissed generally or in relation to any claim for relief in the proceeding.
(2) The Court may receive evidence on the hearing of an application for an order under subrule (1).
3 No demurrer
No proceeding by way of demurrer shall be brought on any pleading, but a party seeking to challenge the adequacy in whole or in part of any pleading, may apply for an order under paragraph 1 (1) (b) or paragraph 2 (1) (a) of this Order or under Order 11, rule 16.
4 Residue of proceedings
(1) Where in any proceeding:
(a) a party applies under this Order for:
(i) judgment under rule 1; or
(ii) an order for stay or dismissal under rule 2; and
(b) the proceeding is not wholly disposed of by judgment or dismissal or the proceeding is not wholly stayed;
the proceeding may be continued as regards any claim or part of a claim not disposed of by judgment or dismissal and not stayed.
(2) On the hearing of an application to which subrule (1) applies, the Court may give directions for the further conduct of the proceeding.
5 Application by motion
A party applying for an order that a proceeding be stayed or dismissed or for judgment in his or her favour under any provision of these Rules, shall make the application by motion upon notice.
Order 21 Vexatious litigants
1 Vexatious litigant
Upon the application of:
(a) the Attorney-General or Solicitor-General of the Commonwealth or of a State;
(b) the Australian Government Solicitor or the Crown Solicitor of a State; or
(c) the Registrar of the Court;
where any person (in this rule called the vexatious litigant) habitually and persistently and without any reasonable ground institutes a vexatious proceeding in the Court, and whether against the same person or against different persons, the Court may order that the vexatious litigant shall not, without leave of the Court, institute any proceeding in the Court and that any proceeding instituted by the vexatious litigant in the Court before the making of the order shall not continue without leave of the Court.
2 Vexatious proceeding against a person
Where any person (in this rule called the vexatious litigant) habitually and persistently and without any reasonable ground institutes a vexatious proceeding against any person (in this rule called the person aggrieved) in the Court, the Court may, on application by the person aggrieved, order that the vexatious litigant shall not, without leave of the Court, institute any proceeding against the person aggrieved in the Court and that any proceeding instituted by the vexatious litigant against the person aggrieved in the Court before the making of the order shall not continue without leave of the Court.
3 Application
A person seeking an order under rule 1 or rule 2 shall proceed by application.
4 Rescission or variation of order
The Court may from time to time rescind or vary any order made by it under rule 1 or 2.
5 Leave to continue proceeding
Where the Court has made an order under rule 1 or rule 2 against any person, the Court shall not give the person leave to institute or continue any proceeding unless the Court is satisfied that the proceeding is not an abuse of process and that there is prima facie ground for the proceeding.
Order 22 Withdrawal and discontinuance
1 Withdrawal of appearance — Form 28
A party who has entered an appearance may withdraw the appearance at any time with the leave of the Court.
2 Discontinuance — Form 29
(1) Subject to subrule (2), a party making a claim for relief (except in respect of unlawful termination of employment) may discontinue a proceeding so far as concerns the whole or any part of that claim for relief:
(a) at any time before the directions hearing appointed in the application — in accordance with Form 29, without the leave of the Court or the consent of any other party;
(b) if after the directions hearing, the proceeding continues on pleadings but the pleadings are not closed — without the leave of the Court or the consent of any other party;
(c) if judgment has not been entered — with the consent of all the parties; and
(d) at any time — with the leave of the Court.
(2) A party who represents any other person in the proceeding must not discontinue a claim for relief under subrule (1) without the leave of the Court.