Notice of Discontinuance
This is a mandatory form.*
This form is used to:
- discontinue your application, response or notice of appeal; or
- withdraw part of your case, for example, if you do not want to continue to seek some of the orders that you have sought in an application, a response or notice of appeal.
Filing this notice does not prevent the other party from continuing to seek the orders they have sought, including orders for costs.
Note: If your matter has been filed in the Federal Magistrates Court, you need to complete the Federal Magistrates Court Notice of Discontinuance
Making copies of the form for filing, service and yourself
The completed and signed original of the form is filed at the Court. Before you file it you must also make sufficient copies to have one for each person to be served and a copy for your own records.
Filing fee
Nil
What you file with this form
Nothing
Who you serve
Each party to the case
Any independent children's lawyer
How you serve this form
By ordinary service. The Service Kit provides instructions on how to do this.
Refer to the Consent Orders Kit for more information about how to make an application where you and the other party have reached agreement and seek a Consent Order.
In completing a Court form, you must*
Complete the form by typing (eg. on a computer or typewriter) or hand printed in ink.
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* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.