Stopping your case 

There are some situations where you might want to stop ('discontinue') your case. For example, where you:

• ​have claimed against the wrong person
• don't think you can win, or
• have settled the case.

If you have settled your case, there a few different ways you can end your case. For more information, see Settling your case.

If you decide you do not want to go ahead with your case, you can file a form called a notice of discontinuance with the court. Before you decide to stop your case, you should get legal advice.

If you discontinue a claim you may be liable (responsible) for the defendant's legal costs, unless you come to an agreement with them that each party will pay their own costs.

If you want to file a notice of discontinuance, you can follow the steps in the guide on this page.​

​Step 1: Get the form 

You will need one form: 

• Form 33 notice of discontinuance 
  

You can get copies of the form from:​

• any Loca​l Court or 

• the Uniform Civil Procedure Rul​es (UCPR)​ website.

You can also complete and file this form online using the NSW Online Reg​istry

Step 2: Fill out the form 

You can fill out your form:

• ​​​by completing it on your computer
• by printing the form and completing it in blue or black pen.

To fill out the form you will need to have the following information: 

• your case number - you will find this on your sealed copy of the statement of claim, which is the copy stamped by the court 
• the details of all the parties in the case
• details of any agreement made with the defendant about your claim and/or about payment of legal fees and costs. 

If you have made claims against more than one person, and you want to discontinue your case against all of them, they all need to sign the form. 

It may be useful to send or show a draft of the form to the other parties before you sign the form. 

If any of the other parties don't agree to sign the form, you will need the court's leave (permission) if you still want to file it. You should get legal advice​.

Instructions: ​Instructions for filling out a notice of discontinuance.
Sample: Sample notice of ​discontinuance​. 

Step 3: File the form

Take or send the form to the same local court where you filed the statement of claim. 

This form can also be filed online using the NSW​ Onlin​e Registry.

It is a good idea to provide enough copies so that you and all the other parties will be able to have a sealed (stamped) copy. The court will keep the original and the copies will be returned to you. 

There is no filing fee.

You don't have to serve copies of the form on the defendant or other parties but you should give them a copy of the sealed document for their records. 

Once the form is filed, the case is over. 

If the form sets out that each party is to pay their own legal costs, the defendant cannot chase you for legal fees or other costs. 

If the form does not set out how legal or other costs are to be paid, the defendant may make an application to the court about payment of costs after you file the form.