David Lindsay Southwell v Dailymail.Com Australia Pty Ltd [2025] FWC 3197

[6] Mr Southwell also asked in correspondence to withdraw his discontinuance of the First Application. A discontinuance is self-executing and, once made, it brings the application to an end (see Mpinda v Fair Work Commission [2022] FCA 1111 at [65] and Narayan v MW Engineers Pty Ltd [2013] FWCFB 2530 at [6], (2013) 231 IR 89 at [91]. It might be possible to set aside a discontinuance because of duress or mistake, but such a power would reside in a Court (see Hunter v Karara Mining Ltd [2022] FWCFB 73 at [32], AB v Tabcorp Holdings Limited [2015] FWCFB 523 at [11]).

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