Notice of discontinuance or finalisation (Form 24)

Form 24 serves two rules of the Supreme Court Rules 2000 (Tas). A discontinuance must be by notice in the prescribed form (r 379(3)). A plaintiff may discontinue an action by notice before a defence is delivered, or after that but before taking any other step except an interlocutory application (r 376(1)); otherwise leave is needed (r 376(2)). A proceeding not started by writ can be discontinued only with leave or the consent of all other parties (r 377). Separately, if a proceeding ends other than by judgment, order or discontinuance (for example, by a settlement), the party who filed the originating process must file a notice certifying that it has come to an end, within 21 days (r 34A).

When you need it

• You are a plaintiff discontinuing an action, wholly or against one defendant, or withdrawing part of a claim.
• You are an applicant discontinuing a proceeding started by application, with leave or with all other parties' consent (r 377).
• The matter has settled or otherwise ended without a judgment, order or discontinuance, and you filed the originating process (r 34A).

1. 1

   Heading

   Copy the registry, file number and party names, deleting the party descriptions that do not apply.

2. 2

   Who gives notice

   Identify the plaintiff or applicant giving the notice.

3. 3

   Choose the option

   Keep only the option that applies and strike out the rest: wholly discontinuing the action, discontinuing against a named defendant, withdrawing part of the claim, discontinuing an application wholly or in part, or certifying that the action or proceeding has come to an end.

4. 4

   Date and sign

   Date it and sign as the practitioner for the plaintiff or applicant, or the party in person, and complete the footer (r 79).

• File the notice at the registry where the matter is proceeding (r 83) and serve a copy on the other parties.
• A finalisation notice must be filed within 21 days after the proceeding has come to an end (r 34A(2)(b)).
• If leave is needed to discontinue, get the order first; the Court can grant it on terms (r 376(3), r 377(2)).

• Unless the Court orders otherwise, a party who discontinues pays the other side's costs of the proceeding, or of the part discontinued (r 378(1)). If taxed costs are not paid within 4 days, judgment can be entered for them (r 378(3)).
• A discontinuance is not a defence to a later proceeding (r 379(1)), but the Court can stay a new proceeding on the same subject until the earlier costs are paid (r 380).