Victorian Numbered Regulations

MAGISTRATES' COURT GENERAL CIVIL PROCEDURE (AMENDMENT NO. 2) RULES 2011 (SR NO 36 OF 2011) - REG 10

After Rule 25.02 of the Principal Rules insert —

    " 25.02.1     Small claims—discontinuance or withdrawal of proceeding or claim

    (1)     Despite Rule 25.02(1), a plaintiff may discontinue a proceeding in which the monetary relief sought is less than the amount set out in section 102(1) of the Act or withdraw any part of the proceeding at any time without the leave of the Court or the consent of all other parties.

    (2)     Despite Rule 25.02(2), a defendant may discontinue a counterclaim in which the monetary relief sought is less than the amount set out in section 102(1) of the Act or withdraw any part of the counterclaim at any time without the leave of the Court or the consent of all other parties to the counterclaim.

    (3)     Despite Rule 25.02(5), a defendant who has joined a third party in relation to a claim in which the monetary relief sought is less than the amount set out in section 102(1) of the Act may discontinue the claim made against the third party by the third party notice or withdraw any part of the claim at any time without the leave of the Court or the consent of the third party.".
r. 10

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