Cameron McKenzie From the FCC NOTICE OF DISCONTINUANCE
1. This form is to be used if you no longer seek all or some the orders you sought in an application
or response you filed in the Federal Circuit Court of Australia.
2. If your proceeding is a creditor’s petition, a divorce, or a family law proceeding relating to the
property of a party and one of the parties to the proceeding has died, you will need to obtain
leave of the Court or a registrar before you can file this notice of discontinuance. In all other
proceedings, unless you obtain leave of the Court or a registrar, you must file this notice of
discontinuance at least 14 days before the date fixed for the final hearing of the application; see
Subrules 13.01(2) and (3) Federal Circuit Court Rules 2001 (the Rules).
3. You must complete address for service details in the footer on page 1. All correspondence
concerning the notice will be sent to the mailing address inserted and all documents in the
proceedings will be deemed to have been served on you if posted to that address. If your address
details change, you must file a notice of address for service within seven days, and serve a copy
on all other parties; see Rule 6.02.
4. Once complete, you need to file the original and a copy of this notice for each party to the matter
with the court registry. The Court will keep the original and return the copies to you. You will
need to serve a copy on each other party to the proceeding and any independent children’s
lawyer as soon as practicable, and keep a copy for your records.
5. Filing this notice does not preclude any other party from continuing their case, and obtaining
orders, including an order for costs against you. If you file this notice to discontinue an
application in migration proceedings, unless the Court otherwise orders, you will be liable to pay
the respondent’s costs; see Subrule 44.15(2).
6. If you file this notice and an order for costs is made against you, any future application on the
same or substantially the same matter will be stayed until the costs are paid; see Subrule
13.02(3).