Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2012 (NO 1) (NO 24 OF 2012) - REG 16

substitute

6013     Application in proceeding—orders by consent without attendance

    (1)     This rule applies if, at least 2 days before the return date for an application in a proceeding or a later date set by the court for hearing the application, a document is filed in the court that—

        (a)     states that each party to the application—

              (i)     agrees to the adjournment of the application; or

Note     See approved form 6.3 (Agreement to adjournment of application) AF2006-411

.

              (ii)     consents to the orders sought in the application; or

              (iii)     consents to the orders sought in the application, amended to vary a time mentioned in an order sought for taking a step in the proceeding; and

        (b)     is signed by each party's solicitor.

    (2)     For subrule (1) (a) (ii) or (iii), a copy of the application may be endorsed with the consent of each party's solicitor.

    (3)     The court may, without any of the parties attending before the court—

        (a)     if the parties agree to an adjournment—adjourn the hearing to—

              (i)     the date agreed by the parties; or

              (ii)     a date decided by the court; or

        (b)     if the parties consent to the orders sought in the application—make the orders sought by consent; or

        (c)     if the parties consent to the orders sought in the application as amended—make the orders sought, as amended, by consent; or

        (d)     direct the parties to attend before the court on a stated date.

    (4)     If the court adjourns the hearing to a date decided by the court, the registrar must tell the parties the adjourned date for the hearing.

    (5)     If the court directs the parties to attend before the court on a stated date, the registrar must tell the parties the stated date.