Form · Commercial Litigation & Dispute Resolution

Federal Court Form 48: notice of discontinuance

Link to Federal Court Form 48, the notice of discontinuance under rule 26.12(1).

Kind
Form. A form to complete, or a guide to completing an official one.
Where it applies
Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the official form at fedcourt.gov.au and the 2 authorities it cites, for Commonwealth.
Version
1
Source
Link to the official form. Licence: © Federal Court of Australia. Link only: download the current form from the official page each time; do not copy or adapt it.

Where this comes from

The official form is published by fedcourt.gov.au; this page is a completion guide. Last checked on 2026-10-22.

When to use it

Use when a Federal Court proceeding, or part of it, is to be discontinued on Form 48. An appeal discontinuance is Form 126, rule 36.73(1).

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

Yellow. A tool may compare a working note with the current official form and list what is missing. The lawyer downloads the form, completes it and lodges it.

AI may

  • List the facts and documents the official page says to have ready.
  • Compare a working checklist with the current downloaded form and mark gaps.
  • Prepare a filing note that quotes only what the official page says.

AI must not

  • Do not copy the official form into a new document or file a retyped version.
  • Do not invent a form number, fee, time limit or rule that is not on the official page.
  • Do not draft, settle or sign an affidavit or other sworn evidence.
  • Do not lodge the form or tell the client it has been filed.

The lawyer checks

  • Use Form 48 for the proceeding and Form 126 if what is ending is an appeal or cross-appeal.
  • Check whether consent or leave is required under the current rule 26.12. The catalogue does not set that out.
  • Match the notice to the settlement terms before it is filed.
  • Download the current file from the catalogue.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer. Licence: © Federal Court of Australia. Link only: download the current form from the official page each time; do not copy or adapt it..

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