Step by step guide - Stopping your case

 You may want to stop your case because:

• your employer paid you what you were claiming
• you and your employer agreed to settle your case
• you decided not to continue your claim any more.

To stop the case, you need to file a Notice of Discontinuance, which tells the court you are discontinuing (stopping) your case.

If you are stopping the case because you agreed to settle with your employer, you may also decide to put the details of the settlement in writing .This may be called a 'settlement agreement', 'terms of settlement' or a 'deed of release'. You may even file a document with the court called 'consent orders', that provide the court with some of the details about the settlement agreement.

You should get legal advice

• about the terms or details of any settlement agreement or consent orders.
• before you decide to discontinue your case. 

 You will need one form:

• Notice of Discontinuance form.

You can get a copy of the form from the:

• Federal Circuit Court or
• Federal Circuit Court website​.

To fill out the form you will need to have the following information:

• the name of the document you used to make the application (for example, Form 5 ' Small claim under the Fair Work Act 2009 ')
• the date the document was filed with the court
• which orders you no longer want.

 Instructions for filling out a Notice of Discontinuance.

Sample Notice of Discontinuance.

When you have finished filling out the form you need to sign it. Your signature does not need to be witnessed.

After you have finished filling out the form, take the original and two copies to the Federal Circuit Court registry and file them. The court will keep the original form and the sealed (stamped) copies will be returned to you.

If the court has already listed your case for hearing, the Notice of Discontinuance must be filed at least 14 days before this date, but the court can give permission for it to be filed closer to the hearing date.

If you and your employer came to an agreement about settling your case, you may want to enter into a settlement agreement. You may also want to get the court to make some further orders about your case.

Sample: To see what a completed Deed of Release and Consent Orders could look like, see:

• Sample Deed of Release
• Sample Consent Orders.

Unless you have come to an agreement with your employer, they may apply for costs if you discontinue the application.

You must serve the form on your employer as soon as possible after you have filed it. You should serve it at their address for service, which should be on their response. If your employer did not file a response, serve it at the same address you served the application and claim.