Order by consent
35.06 Order by consent
(1) Where all parties to proceedings consent to the making of an order, the Court may make an order in the terms consented to.
(2) A party may consent to an application for an order made by another party by:
filing a notice of consent in accordance with Form 35B; or
endorsing his or her consent on the application that is filed.
(3) If all parties to proceedings consent to the making of an order, a registrar may:
without delay make an order in the terms consented to; or
if not satisfied that the order should be made:
refuse to make the order; or
refer the matter to a Judge.
(4) An order under subrule (3) takes effect from the date specified in the order or, if no date is specified, on the service of the order by the party filing the application on the other party or on all of the other parties.
(5) Where some, but not all, parties to proceedings consent to the making of an order, a registrar may:
(a) without delay make an order in favour of the party seeking it, as against the parties who consented to the order, in the terms consented to; or
if not satisfied that the order should be made:
refuse to make the order; or
refer the matter to a Judge.
An order under subrule (5):
(a) takes effect on the date specified in the order or, if no date is specified, on the service of the order by the party filing the application on the other party or on all of the other parties consenting to the order; and
(b) is also to be served on all the parties who did not consent to the order.
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