Industrial Relations (Tribunals) Rules 2011
sec.68Written request for discontinuance
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sec.68 Written request for discontinuance
An applicant for a proceeding may ask to be allowed to discontinue the proceeding by filing a written request in the approved form. When filing the request, the applicant must serve a copy of the request on each of the other parties to the proceeding. A party may object to the discontinuance by notice to the registrar within 14 days after being served with the request to discontinue. If no party objects within the 14 days, the court, commission or registrar may allow the proceeding to be discontinued. If a proceeding is allowed to be discontinued, the court, commission or registrar must note the file to that effect. If a party objects to the discontinuance under subrule (3) , the court, commission or registrar may allow or disallow the request for discontinuance on the terms the court, commission or registrar considers appropriate. r 68 amd 2017 SL No. 26 s 17 ; 2021 SL No. 10 s 24 ; 2022 SL No. 100 s 6 (sec.68-ssec.1) An applicant for a proceeding may ask to be allowed to discontinue the proceeding by filing a written request in the approved form. (sec.68-ssec.2) When filing the request, the applicant must serve a copy of the request on each of the other parties to the proceeding. (sec.68-ssec.3) A party may object to the discontinuance by notice to the registrar within 14 days after being served with the request to discontinue. (sec.68-ssec.4) If no party objects within the 14 days, the court, commission or registrar may allow the proceeding to be discontinued. (sec.68-ssec.5) If a proceeding is allowed to be discontinued, the court, commission or registrar must note the file to that effect. (sec.68-ssec.6) If a party objects to the discontinuance under subrule (3) , the court, commission or registrar may allow or disallow the request for discontinuance on the terms the court, commission or registrar considers appropriate.