Notice of Discontinuance
If a Minor Case Claim/General Procedure Claim is lodged at the Magistrates Court, it becomes a public record and is likely to be placed on your credit file for a period of five years. If an Admission of Claim form has been submitted to the Magistrates Court or a Property Sale and Seizure Order issued by the City against the claim number, the City cannot issue a Notice of Discontinuance. In these instances, a Memorandum of Consent Order must be issued by the City. Please contact Rating Services on 9400 4574 for further information in regards to this application.
The process to have a Minor Case Claim/General Procedure Claim closed at the Magistrates Court is as follows:
- Arrange to pay the claim in full with the City
- Once the claim is paid in full, complete a Notice of Discontinuance Request Form, which is available to download on the City’s website or at the City’s Customer Service Centres, and provide your credit card details to cover the required $44.00 (inc GST) fee
- Alternatively, arrange to pay the $44.00 (inc GST) fee at one of the City’s Customer Service Centres or by mailing a cheque to the City with your request form
- Any Minor Case Claim/General Procedure Claim issued by the City during the last five years will be listed on your credit file. If you require more than one claim to be discontinued, a $44.00 (inc GST) fee will be payable for each Notice of Discontinuance you request, provided each related claim has been paid in full with the City
- Notices of Discontinuance are lodged by the City at the Magistrates Court every Thursday and the court places a copy of the Notice in the Minor Case Claim/General Procedure Claim file to indicate that the claim has been closed
- Once the Notice of Discontinuance has been lodged at the Magistrates Court, the court will send confirmation to Equifax requesting that the status of the Minor Case Claim/General Procedure Claim on your credit file be updated to “Discontinued”. This means that the Summons will still appear on your credit file, however, it will indicate the debt has been paid and the claim discontinued. The Summons will automatically drop off your credit file after five years from the date of lodgement.
- A copy of the Notice of Discontinuance and a confirmation letter will be mailed to the requesting person(s) on the day of lodgement.
To apply for a Notice of Discontinuance please download and complete the PDF form below and return to the City.