Consent to order by parties not in attendance
59.07 Consent to order by parties not in attendance
If parties to a proceeding are agreed upon the terms in which an order should be made, in the proceeding, the Court may, if satisfied that the parties who are to be bound consent, make an order in those terms without requiring the attendance of the parties.
As evidence of the consent of a party not in attendance, the Court may accept a document or facsimile copy of a document signed by the Australian lawyer on the record for that party, or the barrister (within the meaning of the Legal Profession Uniform Law (Victoria)) for the party.
Any document accepted under paragraph (2) must be placed on the Court file.
Notwithstanding paragraph (1), the Court may require a party to attend upon the making of an order in the proceeding.
The Court constituted by a registrar may make any order (which order may include an order for costs) in any proceeding, summons or application with or without appearance of any party if satisfied that the order sought is by the consent of the parties to the proceeding, summons or application.
If the registrar is not satisfied that an order should be made under paragraph (5), the registrar may, or if a party requests must, refer the matter to the Court for decision.
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