Practice Note CM 3
This Practice Note is REVOKED
On 25 October 2016, as part of the National Court Framework reforms, all existing practice documents were revoked and new national practice notes were issued, effective immediately.
To assist Court users to understand these practice note changes, the Court has prepared:
Consent orders in proceedings involving a federal tribunal
Practice Note CM 3 issued on 1 August 2011 is revoked and the following Practice Note is substituted.
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 Discipline Appeal Tribunal, National Native Title Tribunal or any other tribunal established under a law of the Commonwealth ('the Tribunal').
2. If the parties propose that an order be made with 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. See paragraph 7.16 of Practice Note CM 23 for information about lodging the proposed consent orders and statement in any proceeding created with an electronic court file.
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 paragraph 2) upon the Tribunal.
