Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The parties to a proceeding may apply for an order in terms of an agreement reached about a matter in dispute in the proceeding:
(a) by lodging a draft consent order; or
(b) by tendering a draft consent order to a judicial officer during a court event; or
(c) orally, during a court hearing or trial.
(2) A draft consent order must state that it is made by consent and must be signed by each party or the party's legal representative.
(3) If the litigation guardian of a party seeks a consent order (other than an order relating to practice or procedure), the litigation guardian must file an affidavit setting out the facts relied on to satisfy the court that the order is in the party's best interests.
(4) If there is no current proceeding regarding a matter within the court's jurisdiction, a person may apply to the court for an order in terms of an agreement reached about that matter by:
(a) filing an Application for Consent Orders; and
(b) lodging a draft consent order, or tendering a draft consent order to a judicial officer during a court event.
Note 1: An application under subrule (4) must be filed in the Federal Circuit and Family Court (Division 2). Section 50 of the Federal Circuit and Family Court Act prohibits the institution of family law or child support proceedings in the Federal Circuit and Family Court (Division 1).
Note 2: If an application under subrule (4) seeks an order in relation to a superannuation interest, proof of the value of the interest must be filed with the application to enable the court to determine the value of the interest as required by subsection 90XT(2) of the Family Law Act.
(5) Despite subrule (4), an application:
(a) for an order for step - parent maintenance under section 66M of the Family Law Act; or
(b) for an order relying on a cross - vesting law; or
(c) for an order approving a medical procedure; or
(d) for a parenting order when section 65G of the Family Law Act applies; or
(e) for an order under the Assessment Act or Registration Act;
must be made by filing an Initiating Application (Family Law) rather than an Application for Consent Orders.
(6) This rule does not apply to an application for a parenting order in relation to a child born under a surrogacy arrangement if no final parenting order in relation to the child has been made under Part VII of the Family Law Act.
Note: Rule 1.10 applies to an application for a parenting order in relation to a child who was born under a surrogacy arrangement.