Commonwealth Numbered Regulations

1995 No. 371 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 6

                               SCHEDULE 6                    Rule 22

NEW ORDER 14

"ORDER 14-CONSENT ORDERS AND ORDERS UNDER REGON 87 OF THE ACT

"Division 1-Consent orders Applications for consent orders

"1. In proceedings in which orders may be made by consent, an application for
an order of that kind may be made in accordance with this Division.
Applications for consent orders-Form 12A

"2. Despite any other provision of these Rules, a person may make an
initiating application for consent orders in accordance with Form 12A. Filling
in the application

"3. (1) An applicant must swear an affidavit in the form set out at the end of
Part B of the application.

"(2) A respondent must swear an affidavit in the form set out as Part C of the
application.

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

   (a)  each respondent must supply the particulars set out in item 7 of Part
        B of the application; and

   (b)  each respondent must fill in Part C of a copy of Form 12A and swear an
        affidavit in the form set out in that Part.

"(4) A respondent need not fill in item 7 of Part B of the application if:

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

   (b)  the proposed consent orders relate to financial matters and the
        applicant and the respondent:

        (i)    are each legally represented; and

        (ii)   have been advised by their legal representatives of their
               rights under the Act and of the effect and consequences of
               making the proposed orders. Original and copies of orders
               sought to be filed with application

"4. (1) An applicant must file with an application the original, and 2 copies,
of the orders sought:

   (a)  endorsed with the consent of each party; and

   (b)  in a form that is suitable for signature by a Registrar.

"(2) The copies must be certified as true copies by:

   (a)  the applicant's legal representative; or

   (b)  each party to the application. Filing period-consent lapses after 60
        days

"5. (1) A respondent's consent to the proposed consent orders lapses if the
applicant does not file the application within 60 days after the day on which
the respondent swore 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 swore the affidavit at the end of Part C of the
application. Who can make consent orders?

"6. (1) Despite any other provision of these Rules, if an application for
consent orders is filed within the period specified in rule 5, a Registrar:

   (a)  if the Registrar is a Registrar of the Family Court-may make the
        orders in Chambers; or

   (b)  in any other case-may bring the matter before a Judge, Judicial
        Registrar or Magistrate in Chambers.

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

"7. An application for consent orders in pending proceedings may be made:

   (a)  orally during a hearing or trial; or

   (b)  in accordance with rule 8. Written consent by party to proceedings

"8. (1) A party to proceedings may consent, in writing, to the making of an
order in the proceedings.

"(2) A proposed consent order must state that it is made by consent.

"(3) If a party consents, the party must file the consent.

"(4) Despite any other provision of these Rules, if a consent is filed by a
party to the proceedings, a Registrar:

   (a)  may bring the matter before a Judge, a Judicial Registrar, or a
        Magistrate, who:

        (i)    if the Judge, Judicial Registrar, or Magistrate thinks fit; and

        (ii)   without any other application being made;
may direct the Registrar to prepare, sign and seal an order of the court in
accordance with the terms of the consent; or

   (b)  if the Registrar is a Registrar of a Family Court-may make an order in
        accordance with the terms of the consent.

"(5) For the purposes of subrule (4), a consent to the making of a particular
order in proceedings is taken to be filed by each party to the proceedings if
a consent that sets out the proposed order:

   (a)  is filed by one of the parties to the proceedings; and

   (b)  bears the signed endorsement of each other party.

"(6) A consent order made under this rule is taken to be of the same force and
validity as if it had been made after a hearing by the court.



"Division 2-Applications under section 87 of the Act How to apply

"9. An application for approval of a maintenance agreement under section 87 of
the Act must be made:

   (a)  orally during a hearing or trial in the proceedings; or

   (b)  by filing an application in accordance with Form 8. Documents to be
        filed by applicant

"10. (1) An applicant for approval of a maintenance agreement must:

   (a)  in the case of an oral application-provide to the court; or

   (b)  in the case of an application in writing-file with the application;
        the documents specified in subrule (2), unless the applicant has
        already done so.

"(2) The documents are:

   (a)  a financial statement in accordance with Order 17, rule 2; and

   (b)  if an affidavit or other document is necessary to support the
        application and is relevant to the question of whether the provisions
        of the agreement with respect to financial matters are proper-the
        affidavit or document. Documents to be filed by respondent

"11. Before the date fixed for the hearing of an application, a respondent
must file:

   (a)  a financial statement in accordance with Order 17, rule 2; and

   (b)  if an affidavit or other document is necessary to support the
        respondent's position in relation to the application and is relevant
        to the question of whether the provisions of the agreement with
        respect to financial matters are proper-the affidavit or document.".