Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 22.53

Consent orders on appeal

(1) This rule applies if the parties to an appeal agree:

(a)
about the orders the court will be asked to make on appeal; or

(b)
that the appeal should be dismissed.

(2)
The parties may file a draft consent order, setting out the terms of their agreement.

Note
A consent order may be considered by the court without an oral hearing — see subsections 94 (2C) and (2E), 94AAA (9) and (11), and 94AA of the Act, subsections 102 (7) and (9), and 102A (8) and (10), of the Assessment Act, and subsections 107 (6) and (8), and 107A (8) and (10), of the Registration Act.

(3)
If the parties:

(a)
agree about the orders the court will be asked to make on appeal; and

(b)
disagree about the order for costs;

the Appeal Registrar may fix a date for hearing for the argument about costs, without requiring appeal books to be prepared or a procedural hearing to be held.



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