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.

TIP: If you are not registered on the Commonwealth Courts Portal or are registered but do not have access to your file electronically, please complete the enquiry form for divorce, other family law, migration or general federal law.

In the form, you need to select:

  • I am making an enquiry about myself
  • Commonwealth Courts Portal support and registration
  • I am registered for the Commonwealth Courts Portal but can't see my file

Then provide your full name, email address, date of birth and the full name of the other party so we can verify your identity.

You should also provide your telephone number in case we need to contact you, and your Commonwealth Courts Portal username if you know it.

At Step 3 please provide your file number, if known, and ask for your client number.

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: