🚨 Considering Discontinuing Family Law Proceedings? 🚨
You may want to discontinue proceedings for several reasons—whether it’s due to 💸 financial strain, 😔 emotional exhaustion, or a change in circumstances that offers a chance to 🕊️ mediate. It's important to know that discontinuing means you’re no longer seeking some or all of the orders you initially wanted.
📄 Process of Discontinuance:
To stop the proceedings, you must file a Notice of Discontinuance with the Court 🏛️, which officially informs them of your decision. This document outlines the case details, including what’s being discontinued, who’s involved, and which orders are being dropped. Once filed, it needs to be served on all involved parties. ⚠️ Keep in mind, the other side can continue with the case and may even seek a costs order against you.
💼 Defending a Costs Order:
Just because you discontinue doesn’t automatically mean you’ll face a costs order. In fact, Section 117 of the Family Law Act 1975 (Cth) says each party should bear their own costs. However, the Court can consider a range of factors 📝, including financial circumstances, legal aid, party conduct, and offers to settle.
If you’re thinking of discontinuing or already have and face a costs order, it’s crucial to get professional advice 🧑⚖️. Our team is here to help you understand your options and guide you on the best steps forward.
📲 Visit our website for more info: https://jamesnoblelaw.com.au/d....iscontinuance-of-pro
#familylawaustralia #legaladvice #discontinuance #familycourt #legalhelp #noticeofdiscontinuance #noticeofdiscontinuancefamilycourt #noticeofdiscontinuancefederalcircuitcourt #familycourtwithdrawapplication #withdrawingfromfamilycourtproceedings #discontinueproceedingsinaustralia #discontinueproceedings
