› where parties seek variation to orders by consent
› where it was submitted that one respondent was not responsive to proceedings and has not provided consent to the variation (non-consenting respondent)
› where applicant was earlier granted leave to make substituted service on the non-consenting respondent
› whether in the circumstances a Registrar can make orders by consent consistent with r 39.11 Federal Court Rules 2011 (Cth)
Held: absence of consent of all parties means registrar not empowered to make order under r 39.11
› variation a matter for a judge
› order appropriate, taking into account that it was jointly provided by active parties to proceeding and that it sought to ensure that future pattern of conduct by parties in accordance with past practice conformed with court orders
