Notice of Discontinuance

This form is used if you are no longer seeking all or some of the orders previously sought by you.

Filing this notice does not prevent any other party from continuing with their case and obtaining orders including for costs.

Legal advice

To understand your legal rights and responsibilities you should obtain legal advice. A lawyer can explain how the law applies to your case and assist you to complete forms and lodge documents. The Court is unable to provide legal advice because to do so would seriously compromise its ability to impartially determine your case. There are several free services available. For more information see:

Filing with the Court

Family law proceedings

Once complete, you need to file the Notice of Discontinuance with the Court using the Commonwealth Courts Portal, see How do I eFile?. If for some reason you cannot eFile, you can file at a Court registry.

NOTE: For special filing measures during COVID-19 refer to section 2 of the FCFCOA Practice Direction – COVID-19 Special Measures.

TIP: If you are not registered on the Commonwealth Courts Portal or are registered but do not have access to your file electronically email registerme@comcourts.gov.au with your full name, date of birth, name of the other party, file number (if known) and your portal user name if you are already registered so we can create your registration or provide access to your file.

You will need to serve a copy on the other party or parties and keep a copy for your records.

Migration and general federal law proceedings

Once complete, you need to file the Notice of Discontinuance with the Court. It must be filed electronically using eLodgment, unless it is not reasonably practicable to do so.

You will need to serve a copy on the other party or parties and keep a copy for your records.

Service

This Notice must be served on any other party by ordinary service, including the Independent Children’s Lawyer if one is appointed, as soon as practicable after filing.

For more information about service in family law proceeding see How do I serve family law documents?.

For migration and general federal law proceedings, see the details about service in each area of law: