Mediation
Mediation is encouraged and will often be ordered as part of the management of your case. You must attend any court-ordered mediation.
Court-ordered mediation will be conducted by a Registrar of the Court. Alternatively, the parties may agree to use a private mediator appointed under the scheme conducted by the law society or independent bar association of the state or territory in which the proceeding was commenced, or otherwise as agreed.
For more information, please see General Federal Law Practice Direction – Intellectual property proceedings (GENFED-IP).
Consent between the parties
At any time before the judge delivers a decision, you may notify the Court that you have resolved your dispute and reached agreement. You will need to send the Court a draft of what you have agreed, signed by each party and stating that it is a ‘consent order'.
Discontinuance
You can choose to discontinue the application at any time before the first court date or, if the proceeding is continuing on pleadings, any time before the pleadings have closed, by filing a Notice of discontinuance with the Court.
You will need the other party’s consent or the Court’s permission if you want to file a Notice of discontinuance if the first court date has occurred or pleadings have closed. See Rule 23.02 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025.
