(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 (Form 11), and attaching a draft consent order.

Note 1
See rule 24.08 for copies required.
Note 2
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)).

(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; and

(c)

be signed by each of the parties.

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

(a)

for step-parent maintenance under rule 4.16;

(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 Application for Final Orders (Form 1) as soon as the consent is received.

Note
If a child representative has been appointed in a case, the court will not make a consent order unless the child representative has also signed the draft consent order (see paragraph 8.02 (3) (c)).