Advise on discontinuing a claim
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the court record, record whether the discontinuance is of the whole or a part, whether the first directions hearing or the hearing has occurred, whether the pleadings have closed, whether the other party consents, and whether the party is a representative party or a litigation representative. Do not draft the notice.
- What the lawyer must review
- The lawyer decides whether rule 26.12 allows the notice without leave or consent, whether consent or leave is required, and who bears the costs. The lawyer prepares the notice in accordance with Form 48, which was not opened. The lawyer reads rule 16.12 before relying on the pleadings having closed, and reads sections 459P and 461(1)(a) of the Corporations Act 2001 if the application is for a winding up.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the court record, record whether the discontinuance is of the whole or a part, whether the first directions hearing or the hearing has occurred, whether the pleadings have closed, whether the other party consents, and whether the party is a representative party or a litigation representative. Do not draft the notice. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm whether leave or consent is required on the facts, using rule 26.12(2) and (4).
- If the party is a representative party or a litigation representative, confirm leave is required.
- Confirm the costs consequence in rule 26.12(7) is addressed before the notice is filed.
- Confirm the tool has not drafted the notice.
Sources
- Federal Court Rules 2011 (Cth) r 26.12 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.