In legal proceedings, the ability to adapt to new evidence or changes in circumstance is crucial for all parties involved. The 57 form, utilized within the Magistrates Court of Western Australia's civil jurisdiction, serves as a mechanism for claimants to formally announce their intention to discontinue their claim, be it in its entirety or partially. This document outlines a structured process for notifying the court and the opposing party, ensuring transparency and compliance with legal protocols. The form requires the claimant or their lawyer to detail the specific aspects of the claim they wish to discontinue and mandates the service of a sealed copy of this notice on the defendant or the defendant’s lawyer. Additionally, the form necessitates the claimant to lodge an affidavit of service with the court’s registry, confirming that the other party has been properly notified. This process underscores the importance of formal documentation in the discontinuance of claims, aiming to minimize disputes or confusion regarding the status of the case. Moreover, the form includes sections for the claimant or their lawyer’s contact information and an indication of who has lodged the form, ensuring all communication channels are clear and accessible.
| Question | Answer |
|---|---|
| Form Name | Form 57 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | form 57, Registrar, lodging, MAGISTRATES |
MAGISTRATES COURT of WESTERN AUSTRALIA
(CIVIL JURISDICTION)
NOTICE OF DISCONTINUANCE OF CLAIM
FORM 57
Registry:
Claimant
Defendant
(* Delete as applicable)
Case number:
Take notice that the claimant wishes to discontinue the *whole or *part of their claim in this case.
Date: |
Signature of Claimant /or Lawyer …………………………... |
Note
For the discontinuance of the whole or part of a claim to become effective the lodging party must serve a sealed copy of this notice on the other party and lodge with registry of the court mentioned above an affidavit of service.
To: The Registrar
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To: |
Defendant (or defendant’s lawyer) |
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Tick [] appropriate box
Lodged by |
Claimant or claimant’s lawyer |
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Other …………...................................................................................……………………………… |
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Address for |
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service |
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Contact details |
Telephone: |
Lawyer’s ref: |
Fax: |
E mail: |
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