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If one parents has filed notice of discontinuance on the court portal,
What happens from there?
ICL wants to go to hearing undefended for final orders.
Will this take place at our next hearing? Or will a final hearing be set for later?
Is the other parent able to change there mind and turn up to court? 

I will be going ahead for final orders. I just want to know the above. 

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  • Reply to Cameron McKenzie 

    I have legal aid. 

    ICL is legal aid funded. 


    It’s definitely notice of discontinuance.  

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    • Cameron McKenzie In civil proceeding Discontinuance can only occur with the consent of all parties. At a minimum the other parties have costs.

      A person cannot instigate proceedings, incur costs to others then abandon the action without consequences.

      Are you sure that the other party’s legal representation has not merely filed a notice to cease to act, which can occur if changing representation.

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      • 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

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        • Cameron McKenzie Note 5. Filing does not preclude any other party continuing the case and 5 & 6 with respect to costs

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