Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 69

69 Abandoning applications

(1) This rule applies to an applicant—

(a) for leave to appeal; or

(b) for an extension of time within which a notice of appeal, or notice of an application for leave to appeal, may be given; or

(c) for leave to make a subsequent appeal.

(2) The applicant, at any time after filing the application, may abandon it by giving to the registrar a notice of abandonment of application.

(3) The application is taken to be refused by the court when the notice of abandonment is given to the registrar.

(4) However, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the application.

(5) This rule does not apply in relation to an application for leave to appeal under the District Court of Queensland Act 1967 , section 118.

Note—

See rule 86 for abandoning applications in particular appeals under the District Court of Queensland Act 1967 , section 118.