10Discontinuance

10  Discontinuance

 (1) An applicant in an application before the FWC may discontinue the application at any time.

Note: This rule is made for the purposes of paragraph 588(a) of the Act.

 (2) To discontinue the application, the applicant must notify the FWC by:

 (a) lodging a notice of discontinuance; or

 (b) otherwise advising the FWC, or a member of the staff of the FWC, that the applicant:

 (i) wants to discontinue the application; or

 (ii) wants to withdraw the application; or

 (iii) no longer needs or wants the FWC to deal with the application.

Note 1: The notice of discontinuance must be in the approved form: see rule 9.

Note 2: The FWC 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), 6.05(8) and 6.07A(8) of the Fair Work Regulations 2009 in relation to the refund of an application fee in certain circumstances when an application is discontinued.

 (3) To avoid doubt, this rule does not prevent the FWC from dismissing an application on its own initiative.