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Court Procedures Rules
3918Application for arbitration—discontinuance
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3918 Application for arbitration—discontinuance
(1) An applicant may discontinue a proceeding, or withdraw part of it, at
any time.
(2) The applicant and another party to the proceeding may agree, in
writing, that the applicant may discontinue the proceeding, or
withdraw part of it, against the other party at any time.
(3) A discontinuance or withdrawal under this rule is made by filing in
the court a notice of discontinuance or withdrawal and serving a
stamped copy of the notice on the other active parties in the
Note If a form is approved under the Court Procedures Act 2004, s 8 for this
provision, the form must be used.
(4) If a proceeding is discontinued or withdrawn, a party who has not
agreed to the discontinuance or withdrawal may apply to the court for
an order that the applicant pay the party’s costs of the proceeding up
to when notice of the discontinuance or withdrawal is served on the
(5) Subrule (4) is subject to rule 3968 (Workers compensation costs—
Rule 3919
Division 3.13.3 Workers compensation—parties for
arbitration