QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.305Discontinuance by defendant or respondent
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### sec.305 Discontinuance by defendant or respondent
A defendant may discontinue a counterclaim or withdraw part of it—
before being served with the plaintiff’s answer to counterclaim; and
only with the court’s leave or the consent of the other parties, after being served with the plaintiff’s answer to counterclaim.
- (a) before being served with the plaintiff’s answer to counterclaim; and
- (b) only with the court’s leave or the consent of the other parties, after being served with the plaintiff’s answer to counterclaim.