Notice of discontinuance (UCPR) (Form 27)

Part 3 of chapter 9 of the Uniform Civil Procedure Rules 1999 (Qld) governs discontinuance. A plaintiff may discontinue or withdraw part of a proceeding before being served with the first defence, and an applicant before being served with the first affidavit in reply (r 304(1)). After that, it needs the court's leave or the other parties' consent (r 304(2)), and the same applies if there is more than one plaintiff or applicant or a counterclaim against the plaintiff (r 304(3)). Where leave is not required, the discontinuance is effected by filing a notice in the approved form, which is Form 27, and serving it (r 309(1)). Where leave is required, the order giving leave does the job and no notice is needed (r 309(2)).

When you need it

• You are the plaintiff and want to end your claim, or drop part of the relief you claimed, before any defendant has served a defence.
• You are the applicant on an originating application and want to discontinue before any respondent has served an affidavit in reply.
• The first defence or affidavit in reply has been served but every other party consents. The consent is signed on the form itself.
• You want to discontinue against one defendant or respondent but keep going against the others (r 304(4) and (5)).
• Do not use it where the court's leave is needed and has been given. The order does the work (r 309(2)).

1. 1

   Fix the heading

   The Word form is headed Supreme Court. For the District Court or a Magistrates Court, change the court name. If the proceeding was started by originating application, use Applicant and Respondent instead of Plaintiff and Defendant (form notes). Add the registry, proceeding number and parties as they appear on the originating document.

2. 2

   Choose discontinuance or withdrawal

   Keep the alternative that applies: discontinuing the whole claim (or application) against the named defendant or respondent, or withdrawing only part of it. If you are withdrawing part, specify the relief being withdrawn.

3. 3

   Complete the statements

   Confirm that the plaintiff or applicant does not represent any other person in the proceeding, and state whether the plaintiff has or has not yet been served with the first defence (or whether the applicant has been served with any affidavit in reply). This tells the registry whether consent is required.

4. 4

   Sign and date

   The plaintiff, applicant or their solicitor signs and dates the notice.

5. 5

   Add the consent if needed

   Where consent is required, each defendant or respondent (or their solicitor) signs the consent block, with a description of the signatory and the date. The form says that if there is more than one defendant or respondent, each must sign a consent in these terms.

• File the notice in the registry where the proceeding is, then serve it as soon as practicable on the other parties who have an address for service (r 309(1)).
• In the Supreme and District Courts, a notice of discontinuance (Form 27) may be filed by email in any civil proceeding, to the address or other electronic means notified on the Queensland Courts website (Principal Registrar Approval 1 of 2025).
• If the proceeding has settled, each party must also immediately give the registrar written notice that it has settled (r 308A).
• Check the current court fee schedule in case a fee applies.

• Discontinuing usually carries a costs liability. The party who discontinues or withdraws is liable for the other party's costs up to that point and for costs caused by the discontinuance, unless the court orders otherwise when it gives leave (r 307).
• Discontinuing is not a defence to a later proceeding on the same ground (r 310(1)), but if you have not paid costs you owe from the discontinued proceeding, the court can stay the new one until you do (r 312).
• Your discontinuance does not end the defendant's counterclaim or a proceeding consolidated with yours (r 311).
• A defendant who wants to drop a counterclaim relies on rule 305, and a party who wants to withdraw a notice of intention to defend needs leave or consent (r 306).