Oct 19 2024 10 mins
Just like the Eagles sing in Hotel California: if you’re in a property case “You can check-out any time you like, but you can never leave!"
Without leave of the court, you cannot withdraw from a property case once it’s started, no matter how exhaustipated or traumatised you are by your psychonarc ex.
Withdrawing leaves you vulnerable to a costs order being made against you, but even more horrific than a costs order is the fact that the rules allow your ex to continue to litigate the proceeding without you there, on an undefended basis, and not only are you at risk of costs, but you also have no say in anything and you’ll have to wear whatever the court orders.
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 10.02
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, at a later time.
(3) However, a party must not file a notice of discontinuance in a proceeding under the Family Law Act without the leave of the court if:
(a) the proceeding relates to the property of a party; and
(b) one of the parties dies before the proceeding is decided.
(4) A party filing a notice of discontinuance must, as soon as practicable, serve a copy of the notice on each other party to the proceeding.
(5) Discontinuance of an application or response by a party does not discontinue any other party's application or response.
And then there is the costs implications:
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 10.03
Costs
(1) If a party discontinues an application or response, another party to the proceeding may apply for costs.
(2) Unless the court directs otherwise, an application for costs must be made by a party within 28 days after service on the party of the notice of discontinuance.
(3) If an order for costs is made against a party, and the party brings against the party to whom the costs are payable a further proceeding on the same or substantially the same matter, the court may stay the further proceeding until the costs are paid.
www.witnesspreparation.au
I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893