Notice of Discontinuance (Form AS14)

Rule 39 of the Workers Compensation and Injury Management Arbitration Rules 2024 (WA) lets the party who commenced an arbitration proceeding discontinue the whole or part of it. The proceeding is discontinued when the first of these happens: a notice of discontinuance is lodged and a copy of the sealed notice is given to each other party; a notice of discontinuance signed by every party is lodged; or the arbitrator makes a consent order effecting the discontinuance (r 39(2)). If a party discontinues, the arbitrator may make an order as to costs under Part 6 Division 9 of the Workers Compensation and Injury Management Act 2023 and Part 9 of the rules (r 39(3)). AS14 is WorkCover WA's approved notice.

When you need it

• You lodged the Application for Arbitration and no longer want to pursue all or part of it, for example because the dispute has resolved.
• The parties have agreed on the terms of discontinuance, or you are discontinuing without the other party's agreement.
• You want to discontinue only part of the proceedings and continue with the rest.

1. 1

   Section A - case details

   Enter the case number and the applicant and respondent as stated on the Application for Arbitration, and the arbitrator if known.

2. 2

   Section B - extent of discontinuance

   At Q5 tick whether the entire proceeding or only part is discontinued. If only part, specify which part.

3. 3

   Section B - terms

   At Q6 tick whether the parties have agreed on the terms of discontinuance. The form notes that a party who has not agreed may apply to an arbitrator for costs.

4. 4

   Section C - signatures

   There are signature blocks for the applicant and the respondent. If every party signs, the proceeding is discontinued on lodgement (r 39(2)(b)); if only you sign, it is discontinued once the sealed notice is given to each other party (r 39(2)(a)).

• Lodge through WorkCover WA Online, the electronic document system (EDS), unless you are EDS exempt (r 61). A self-represented party who is not an insurer or self-insurer is exempt (r 62); for an employer, self-represented means uninsured.
• Exempt parties can lodge by email to arbitration@workcover.wa.gov.au, in person at WorkCover WA, 2 Bedbrook Place, Shenton Park WA 6008 (Monday to Friday 8am to 4.30pm), or by post to the Workers Compensation Arbitration Service at that address (r 63 and the notes on the form). An email lodgement must give the sender's name, email address and phone number and describe the document (r 63(3)).
• If lodging by post or in person, the form says to lodge the original plus a copy for each party. Sealed copies are returned to you to give to the other parties.
• If not every party has signed, give a copy of the sealed notice to each other party; the discontinuance takes effect when that is done (r 39(2)(a)).

• Think about costs before discontinuing. An arbitrator may make a costs order where a proceeding is discontinued (r 39(3)).
• If you are discontinuing only part of the proceedings, describe that part precisely so there is no doubt about what remains for arbitration.
• Discontinuing a conciliation uses a different form, CS6, under the Conciliation Rules.