---
title: "Advise on discontinuing a claim"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-discontinuing-a-claim"
type: "task"
site: "AI Law Framework"
id: "A5-LA20261022-12"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Advise on discontinuing a claim

> 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,…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-discontinuing-a-claim  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm whether leave or consent is required on the facts, using rule 26.12(2) and (4).
2. If the party is a representative party or a litigation representative, confirm leave is required.
3. Confirm the costs consequence in rule 26.12(7) is addressed before the notice is filed.
4. Confirm the tool has not drafted the notice.

## Notes

- 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.

## Sources

- [Federal Court Rules 2011 (Cth) r 26.12](https://classic.austlii.edu.au/au/legis/cth/consol_reg/fcr2011186/s26.12.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-discontinuing-a-claim/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*