Family Court Rules 2021

A party may apply for a consent order —

in a current case —

orally, during a hearing or a trial; or

by lodging a draft consent order; or

by tendering a draft consent order to a judicial officer during a court event;

if there is no current case, by filing an application for consent orders.

A party who files an application for a consent order if there is no current case must —

lodge a draft consent order; or

tender a draft consent order to a judicial officer during a court event.

A draft consent order must —

set out clearly the orders that the parties ask the court to make; and

state that it is made by consent; and

be signed by each of the parties.

Subrule (1)(b) does not apply if a party applies for a consent order —

for step‑parent maintenance; or

relying on a cross‑vesting law; or

approving a medical procedure; or

for a parenting order when section 92 of the Act or the Family Law Act section 65G applies; or

for an order under a Child Support Act.

A party applying for a consent order in a case specified in subrule (4) must file an initiating application as soon as the consent is received.