Notice of withdrawal of application (Rule 35.31(1)) (Form 120)
Form 120 is the Federal Court of Australia notice withdrawing an application for leave to appeal, or for more time to seek leave, in whole or in part.
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 120
- Version
- v413dee70
- Last updated
- 14 October 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 120 is for
Under rule 35.31 of the Federal Court Rules 2011, a party who has filed an application for leave to appeal (r 35.12, Form 117) or for an extension of time to seek leave to appeal (r 35.14, Form 118) may withdraw it in accordance with Form 120. A filed notice has the effect of an order dismissing the application (r 35.31(2)), and does not affect another party's application about the same judgment (r 35.31(3)). The withdrawing party must pay the costs of each other party to the application (r 35.31(4)).
When you need it
- You applied for leave to appeal, or for an extension of time to seek leave, and no longer want to pursue it.
- You want to withdraw only some of the claims in the application.
- The parties have settled and want to record a withdrawal by consent on agreed terms.
How to fill it in
- 1
Copy the heading of the proceeding
Use the file number, District Registry, Division and party names exactly as they appear on the originating application or notice of appeal (rr 2.13, 2.14). If there are two or more applicants or respondents, add "and another" or "and others" after the first name, as the form prompts.
- 2
Whole or part
Keep "the whole of the application" or, if withdrawing part only, specify that part by reference to the claim numbers in the application.
- 3
Consent
If the withdrawal is by consent, keep either "Each party consents" or "by consent on the following terms" and set out the terms in numbered paragraphs. Delete what does not apply.
- 4
Signatures
Sign as the applicant or its lawyer. If the withdrawal is by consent, each party or its lawyer must also sign.
Filing, lodging and service
- File it in the existing proceeding, usually through eLodgment using the file number. Rule 2.21 also allows lodging at a Registry, by post or by fax.
- Serve it on each other party. Under the Rules "file" means file and serve (Dictionary).
- Once filed, the notice operates as an order dismissing the application (r 35.31(2)).
Common mistakes
- Rule 35.31(4) says the withdrawing party must pay each other party's costs. Unlike the rules for discontinuing appeals, it does not say "unless the parties otherwise agree", so if costs have been agreed differently, set the agreement out carefully in the consent terms.
- Check the claim numbers if you are withdrawing only part, so it is clear what remains.
Frequently Asked Questions
How do I withdraw an application for leave to appeal in the Federal Court?
File a notice of withdrawal in Form 120 under rule 35.31(1). It takes effect as an order dismissing the application.
Do I have to pay costs if I withdraw?
Rule 35.31(4) requires the withdrawing party to pay the costs of each other party to the application.
Checked against the official sources on 26 October 2026
- Federal Court Rules 2011 (Cth) rr 35.12, 35.14, 35.31, Dictionary
- Federal Court of Australia - Form 120 Notice of withdrawal of application
- Federal Court of Australia - Forms under the Federal Court Rules 2011
- Federal Court of Australia - eLodgment
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
8 boxes on the Notice of withdrawal of application (Rule 35.31(1)) (Form 120) fill from your matter.
- Our Firm
- Firm name
- Client
- Client full name(s), Client state
- Key Dates
- Current date
- Operator
- User First Name, User Full Name (first + surname)
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