13.01Discontinuance

#### 13.01 Discontinuance (1) A party may discontinue an application or response by filing a notice of discontinuance in accordance with the approved form. (2) A notice of discontinuance may be filed: (a) at least 14 days before the day fixed for the final hearing of the application; or (b) with the leave of the Court or a Registrar, at a later time. (3) However, a party may not file a notice of discontinuance without the leave of the Court or a Registrar if: (a) in a proceeding under the Family Law Act: (i) the proceeding relates to the property of a party; and (ii) one of the parties dies before the proceeding is decided; or (b) the proceeding is a creditor’s petition. (4) A party filing a notice of discontinuance must, as soon as practicable, serve a copy of the notice on each other party in the proceeding.