CTHRepealedLegislation
Fair Work Commission Rules 2013
10Discontinuance
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#### 10 Discontinuance
(1) An applicant in an application before the Commission may discontinue the application at any time.
(2) To discontinue the application, the applicant must notify the Commission by:
(a) lodging a notice of discontinuance; or
(b) advising the Commission, or a member of the staff of the Commission, by letter, email, fax or telephone, or orally in person, that the applicant:
(i) wishes to discontinue the application; or
(ii) has settled the application; or
(iii) wishes to withdraw the application; or
(iv) no longer needs the Commission to deal with the application; or
(c) advising the Commission of the discontinuance during the course of a conference or hearing.
> Note 1: For paragraph (a), the notice of discontinuance must be in the approved form—see subrule 8(2).
> Note 2: The Commission prefers applicants to advise it of the discontinuance of a matter by lodging a notice of discontinuance in the approved form.
> Note 3: See subregulations 3.02(8), 3.03(8), 3.07(8) and 6.07A(8) of the Regulations in relation to the refund of an application fee when an application is discontinued.
(3) To remove any doubt, this rule does not prevent the Commission from dismissing an application on its own initiative.