Commonwealth Numbered Regulations

1993 No. 160 FAMILY LAW RULES (AMENDMENT) - RULE 9

9.1 After Order 9, insert:

"ORDER 9A
APPLICATIONS FOR CONSENT ORDERS Applications for consent orders

"1.(1) Despite any other provision of these Rules, a person may file an
initiating application for consent orders.

"(2) An application must be in accordance with Form 12A. Filling in the
application

"2. (1) The applicant must swear or affirm the affidavit at the end of Part B
of the application.

"(2) The respondent must swear or affirm the affidavit in Part C of the
application.

"(3) If there is more than one respondent:

   (a)  the particulars set out in item 7 of Part B must be supplied for each
        respondent; and

   (b)  each respondent must fill in a Part C and swear or affirm the
        affidavit in Part C.

(4) Item 7 of Part B does not have to be filled in:

   (a)  if the consent orders set out in Part A of the application relate only
        to non-financial matters (such as custody or access); or

   (b)  where the consent orders relate to financial matters-if the applicant
        and the respondent (or the respondents, if there is more than one)
        have separate legal representation and have each been advised by their
        legal representative of their rights under the Act and of the effect
        and consequences of the making of the orders. Filing period-consent
        lapses after 60 days

"3.(1) The respondent's consent to the making of the consent orders set out in
Part A of the application lapses if the application is not filed within 60
days after the day on which the respondent made the affidavit at the end of
Part C of the application.

"(2) If there is more than one respondent, the consent of the respondents
lapses if the application is not filed within 60 days after the last day on
which a respondent made the affidavit at the end of Part C. Who can make the
consent orders?

"4.(1) Despite any other provision of these Rules, where an application for
consent orders is filed within the period specified in rule 3, the Registrar:

   (a)  may bring the matter before a Judge, Judicial Registrar or Magistrate
        in Chambers; or

   (b)  if a Registrar of a Family Court-may make the orders in Chambers.

"(2) At any time before the orders are made, the Judge, Judicial Registrar,
Registrar or Magistrate may require a party to file any additional information
required by the Judge, Judicial Registrar, Registrar or Magistrate.".