Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 10.15

How to apply for a consent order

             (1)  A party may apply for a consent order:

                     (a)  in a current case:

                              (i)  orally, during a hearing or a trial;

                             (ii)  by lodging a draft consent order; or

                            (iii)  by tendering a draft consent order to a judicial officer during a court event; or

                     (b)  if there is no current case--by filing an Application for Consent Orders.

Note:          A case guardian for a party seeking a consent order (other than an order relating to practice or procedure), must file an affidavit setting out the facts relied on to satisfy the court that the consent order is in the party's best interests (see paragraph 6.13(1)(d)).

          (1A)  A party who files an Application for Consent Orders if there is no current case must:

                     (a)  lodge a draft consent order; or

                     (b)  tender a draft consent order to a judicial officer during a court event.

             (2)  A draft consent order must:

                     (a)  set out clearly the orders that the parties ask the court to make;

                     (b)  state that it is made by consent;

                     (c)  be signed by each of the parties; and

                     (d)  be accompanied by additional copies of the order:

                              (i)  so that there is a copy for each person to be served and an additional copy for the court; and

                             (ii)  each of which is certified by the applicant's lawyer, or by each party to the application, as a true copy.

          (2A)  Subrule (1) does not apply to an application for a parenting order in relation to a child born under a surrogacy arrangement.

Note:          Applications for a parenting order in relation to a child born under a surrogacy arrangement must be made by Initiating Application: see paragraph (c) in item 2A of table 2.2 in rule 2.02. Division 4.2.8 of these Rules and section 60HB of the Act also relate to children born under surrogacy arrangements.

             (3)  Paragraph (1)(b) does not apply if a party applies for a consent order:

                     (a)  for step-parent maintenance under section 66M of the Act;

                     (b)  relying on a cross-vesting law;

                     (c)  approving a medical procedure;

                     (d)  for a parenting order when section 65G of the Act applies; or

                     (e)  for an order under the Assessment Act or Registration Act.

             (4)  A party applying for a consent order in a case mentioned in subrule (3) must file an Initiating Application (Family Law) as soon as the consent is received.

Note:          If an independent children's lawyer has been appointed in a case, the court will not make a consent order unless the independent children's lawyer has also signed the draft consent order (see subrule 8.02(4)).



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