QLD Lodging a Notice of Discontinuance and a Counter Offer?

[graybird]

My ex has offered 'without prejudice save as to costs' to put in a notice of discontinuance regarding our current family court case, provided I lodge the same document on the same day and a couple of other conditions on my part.

I was wondering, if a notice of discontinuance is lodged, can a party apply to the courts again for the same/similar reason? Also, can I counter his offer with my own 'without prejudice save as to costs' and offer to put in a notice of discontinuance provided he lodges the same document on the same day but with my own conditions attached instead of his?

 

[Unknown entity]

Ordinarily parties to family court proceeding pay for their own costs, discontinuing does nor entitle those placing a notice to discontinue in receiving costs. It seems they are applying a long bow approach to see is the fish bites. Then again without knowing the case it is hard to comment appropriately.

It maybe considered to accept the discontinuance, but reject costs.

It must be remembered that if a party is willing to discontinue there must be a valid reason for that party to do so. It may be related to cost stress for that party (continuing legal fees) or other such as, a week case against other party.

 

[AllForHer]

Is this a matter for parenting or property?

If the offer is accepted, will it be filed as consent orders with the Court?

 

[graybird]

The matter relates to property. As part of the discontinuance, his lawyer has said that each party will wear their own costs.

My concern is that he may come back again with a similar application at a later date. Because it is 'save as to Costs' it is likely that we are both going to incur further costs in the lead up to the court case and would both be better off to a degree by ending it now. Hence why I wanted to counter his offer with my own so as I thiutho that would remove his basis for trying to obtian costs as he has been the one to drag things out this whole way until now.

 

[Rod]

If it is in your best interests to continue, then you continue.