NSW UCPR [Form 33] Notice of Discontinuance

New South Wales

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When is a NSW UCPR [Form 33] Notice of Discontinuance used?

See UCPR 12.1 for more information.

A plaintiff may discontinue proceedings, either as to all claims for relief or as to all claims for relief so far as they concern a particular defendant:

⚖️ With the consent of each other active party to the proceedings, or

⚖️ With the leave of the court.

A plaintiff who discontinues proceedings (as distinct from having those proceedings dismissed) is not prevented from claiming the same relief in fresh proceedings, subject to the terms of the discontinuance (see UCPR 12.3 for more information).

Mandatory Requirements

✅ The Notice of Discontinuance MUST include a certificate by the plaintiff or by the plaintiff’s solicitor to the effect that the plaintiff does not represent any other person.

CAUTION: Potential for Liability to Pay the Defendant’s Legal Costs

See UCPR 42.19 for more information about the plaintiff’s liability to pay the defendant’s costs when the plaintiff files a Notice of Discontinuance.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

✅ For use in all NSW Court registries for all NSW Courts including Local (General & Small Claims), District (All Lists^), Supreme (Common Law & Equity Divisions) and all Appeals to the NSW Court of Appeal.

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Legal Advice Recommended

The preparation of a Notice of Discontinuance has potential legal cost implications.

In short, due to the complexities involved:

➲ We recommend you contact our legal team to obtain legal advice and guidance.

Important Notes:

The party filing this Form is required to serve a copy of the filed Form together with all other filed documents on all other parties to the proceeding.

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