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Practice Notes issued by the Chief Justice back next
No. 26: Consent orders in proceedings involving a federal tribunal

1. This Practice Note applies to any proceeding in which there is a challenge to a decision of the Commonwealth Administrative Appeals Tribunal, Migration Review Tribunal, Refugee Review Tribunal, Superannuation Complaints Tribunal, Defence Force Disciplinary Appeals Tribunal or any other tribunal established under a law of the Commonwealth (‘the Tribunal’).

2. If the parties propose that an order be made by their consent, the effect of which is to set aside or vary an order of the Tribunal (‘consent order’), they must file the proposed consent order and, with it, a separate document containing a concise statement of the matters said to justify the making of the proposed order and giving references to any authorities or statutory provisions relied upon. Both documents must be signed on behalf of all parties. As well as the originals, two copies of each document must be filed.

3. If the proposed consent order relates only to costs, only the proposed consent order need be filed.

4. If the Court makes a consent order the parties must, within seven days of the order being made, serve a copy of the order and the supporting statement (if any – see para 3) upon the Tribunal.

 

M E J BLACK
Chief Justice
29 January 2007

 

 

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