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Ending a court case early can save time, money and stress. A notice of discontinuance lets you formally withdraw your claim or application before a final decision is made. This guide explains when to use the form, how to complete it and what steps to take after filing.
A notice of discontinuance is a legal form used to end a court case early. You can file it if you no longer want to continue with your claim or application. It applies in most civil courts and tribunals. Use the correct form, file it properly and serve it on the other party to close the case.[ez-toc]
A notice of discontinuance is a legal document used to end a court case. It tells the court and the other party that you no longer wish to continue with the proceeding. This type of notice applies to many types of civil cases, including those in the Federal Circuit and Family Court of Australia, the Fair Work Commission and state tribunals.
You can use this notice when you no longer want to pursue a claim or application. This might happen if:
Before you file the notice, check whether a final order has been made. In most courts, you cannot discontinue once the court has issued a final decision. If you're unsure, speak to a lawyer or check the court’s website for guidance.
Usually, the applicant (plaintiff) lodges the notice. However, a respondent or appellant may also do so in some cases. The form can be filed without approval from the other party, but depending on the court, you may need to seek leave or consent.
Once complete, you must file the notice with the court, preferably using eLodgment unless that’s not practical. You must also serve a copy to the other party and keep a record for your files.
You can choose to:
Partial discontinuance allows the rest of your case to continue, while full discontinuance closes it completely.
The process for ending a civil case depends on the court or tribunal handling it. Each court has its own rules about when and how you can file a notice of discontinuance. Knowing these differences can help you avoid mistakes, delays or extra costs.
Different courts and tribunals in Australia have slightly different rules. Some require permission before you file the notice. Others let you lodge it without needing approval.
Here’s a quick guide:
Court or TribunalIs permission needed?How to lodgeFederal Circuit and Family Court (FCFCOA)SometimeseLodgment or physical filingFair Work Commission (FWC)NoOnline form (Form F50)ACT Civil and Administrative Tribunal (ACAT)RarelyOnline portal
Always check the court’s website for up-to-date information.
You may need permission to file the notice if:
If permission is needed, the court might ask for a written statement. This should explain why you want to stop the proceeding.
Once you file the notice, the court will:
In some cases, the court will also notify the other party. In others, you must serve the form yourself. Always keep a copy of the lodged notice for your own records.
To end your case properly, you must use the correct form for the court or tribunal you're dealing with. Each jurisdiction has its own version of the notice of discontinuance form, so you need to check that you're using the right one.
Here are the links to the most common Australian court and tribunal forms:
Always check the official website before downloading a document, in case the form has changed.
When you fill in the form, make sure the details are correct. Errors can slow down the process or cause the court to reject your application.
Follow these steps:
✅ Double-check your statement, address and other personal information before you submit.
Before you file a notice of discontinuance, it’s important to understand the legal effects. Ending a case can save time and reduce stress, but it may also affect your rights or lead to added costs. Think carefully before you move forward.
The time you lodge the form can impact:
In most courts, you can discontinue at any time before a final order is made. But if you wait too long, the court might not let you file the form without special approval.
If the proceeding is already at a late stage, like just before a hearing, the court may still require you to pay the other side’s costs.
The court cannot give legal advice. For help understanding your rights and responsibilities:
Think about these risks before lodging:
If a lawyer is acting for you, speak with them first. They can explain how the court’s rules apply to your case.
You should seek advice if:
Once you have filled out your notice of discontinuance form, the next step is to lodge it with the correct court or tribunal and serve it on the other party. This step must follow the rules set by the relevant law. If you don’t do this properly, your application may be rejected or ignored.
You can lodge your form in different ways depending on the court:
You should always check the court’s website to confirm the best method. Make sure you receive proof of submission, such as an email receipt or lodgement number.
Once you’ve lodged the form, you need to serve it on all other parties in the case. This means you must give them a copy of the filed document.
Ways to serve:
Some courts may serve the form for you, but others will expect you to handle it.
You should also keep proof of service, such as a sent email or delivery receipt. If required, you may need to sign a service statement or appoint someone to deliver it for you.
MethodProof NeededNotesOnline portalLodgement numberQuick and easyEmailSent confirmationAttach scanned formPostDelivery receiptAllow extra timeIn personStamped copyVisit court registry during hoursLodging and serving the form properly ensures the court recognises your intent to discontinue the proceeding and keeps your legal record clear.
There are times when a notice of discontinuance is not the best fit:
In these cases, consider one of the following:
Alternative optionWhen to use itConsent orderYou and the other party agree on the outcomeAmended applicationYou want to change part of your original claimNotice of withdrawalApplies in some tribunals instead of this form
Tip: If you choose the wrong form, your case might not end the way you want. Always check the court rules or speak with a lawyer before filing.
Each court has its own rules about how and when to file the notice. Some courts need permission if the hearing has already started or a final order has been made. Always check the court’s website or get legal advice before you file.
Yes, you can file a notice of discontinuance in the Supreme Court. But the rules can be stricter than in other courts. You may need permission to file or provide extra details. Always check your state’s supreme court practice directions.
If the form is wrong or incomplete, the court may reject it. This can delay the case or lead to extra cost. Make sure you enter all names, file numbers and dates correctly. Double-check all details before you lodge the form.
There is no fixed time limit, but you must lodge it before a final order is made. As a general guide, the earlier you file, the better. This avoids extra hearings and limits cost risks.
Filing a notice of discontinuance is a simple way to end a civil court case, but it must be done correctly. You need to choose the correct form, include accurate details and follow each court’s rules. Timing matters. So does how you file and serve the document. When done right, it helps you avoid delays, reduce cost and stay compliant with the law.
Use this list to stay on track:
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