VIC WHAT HAPPENS TO A RESPONSE TO A DISCONTINUED APPLICATION.

[Malissla]

Good evening,

I made an application to the Family Court of Australia, I no longer require the order I was seeking, in the event that I issue a discontinuance could any one inform me what would happen to the Respondents "response" to my initiation application? Does it simply go away when I withdraw? Does the Respondent then have to make an initiating application?

 

[AllForHer]

Nope, the matter can proceed undefended with the respondent being the only party to participate.

 

[Rod]

Depends on whether the other party has requested their own orders. If they made no requests for orders then you may be OK. Note that discontinuance leaves you open to a claim for costs.

 

[Malissla]

Nope, the matter can proceed undefended with the respondent being the only party to participate.

Thank you for the information.

 

[Malissla]

Depends on whether the other party has requested their own orders. If they made no requests for orders then you may be OK. Note that discontinuance leaves you open to a claim for costs.

Yes, the other party has requested orders they want in the Response to my application, so I can assume now that in the event I issue a discontinuance that the Respondent then has a free run to seek the orders as stated in the "Response" undefended. It therefore appears discontinuance isn't an option.

Thank you Rod, I am grateful to you Sir.