An easy explainer for notice of discontinuance

Litigation involves a multitude of documents, but have you ever wondered how to terminate a legal proceeding? This Business Kitz blog will cover what a notice of discontinuance is, the effects of the notice and how you can file it.

What is a notice of discontinuance?

A discontinuation notice is a final document found with a declaration or application for the formal initiation of action since it does the inverse — it ends an enquiry. Litigation necessitates the use and presentation of numerous documents, including various applications and notices. This occurs when a plaintiff, applicant, or appellant decides to ‘drop the case.’ This means they will no longer pursue the lawsuit. A discontinue notice can be a signal of relief from the stresses of litigation.

There are many reasons why you may lodge a notice of discontinuance, including:

  • The realisation that you do not stand a chance of success;
  • You can’t afford to keep paying legal fees;
  • You would want to resolve the dispute outside of court; or
  • Parties have reached an agreement.

What effect does this have?

As this is a discontinuation annulment, you will abandon the case. As the trial is ended, and the case will not be heard again. However, if a case has been scheduled for trial, there are sometimes time constraints on when they must file it. If you are filing in the Federal Court of Australia, for example, you must do it within 14 days of the final hearing date. If it is outside of this time frame, leave has to be granted by the Court.

A notice of discontinuation does not prevent any other party from continuing proceedings with their case.

Who can file it?

Only in certain circumstances is a discontinuation notification possible. Plaintiffs/recipients typically present a notice indicating that their services have been terminated. However, defendants and appellants may file a complaint. A party who files a discontinuance notice may do so without the other party’s approval. Before submitting an application to a judge for approval, it may be essential to obtain the consent of the opposing parties.

Once complete, the notice of discontinuance must be filed with the Court. Unless it is not reasonably practical to do so, it must be filed electronically via eLodgment. You must provide a copy of this completed form to the other party or parties, as well as preserve a copy for your records.

How do I withdraw from a federal circuit Court?

To cancel the claim, you will need a notice of disconnection from the court. If necessary, the notification of discontinuation form is available on this FCFCOA website or by contacting the Registrar. To file the originals that must be submitted to the court, you must first file the copy on court records. A lawyer can explain how the law applies to your situation and help you fill out paperwork and file documents.

What are the costs?

Sometimes cost are paid by the party who has not discontinued the case because they have already paid to pursue the case. The reasons behind the revocation are usually the reason for the alleged abandonment or failure to act. Even if costs are frequently recoverable by the opposing party, there are certain exceptions to this rule, such as:

  • As a part of the discontinuation, the parties reached an agreement on costs;
  • One party’s behaviour has been unreasonable; or
  • Other factors have paused the case.

Legal advice

If you require legal advice to understand your legal rights, you must consult with an independent attorney. The Court is unable to provide legal advice because to do so would compromise its ability to impartially determine your case decision. An experienced attorney can assist you in understanding how the law applies to the particular situation in which the matter is filed. Only if the court is found to be unconstitutionally liable may it provide free legal advice. For more information, you can contact a family lawyer or a general federal lawyer.

Our sister company Legal Kitz can provide you with advice that is tailored to your situation. You can book a free 30-minute consultation with our experienced and highly qualified team via our website now.

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