Consent Orders Involving a Federal Tribunal Practice Note (GPN-TRIB)

J L B Allsop, Chief Justice 25 October 2016

General Practice Note

1. Introduction

1.1 This practice note applies to any proceeding in which there is a challenge to a decision of a federal tribunal established under a law of the Commonwealth ("Tribunal").[1] It takes effect from the date it is issued and, to the extent practicable, applies to proceedings whether filed before, or after, the date of issuing.

2. Proposed Consent Orders

2.1 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 ("proposed consent order"), then they must:

(a) prepare a proposed consent order that contains, within a "notes" section at the foot of the document, a succinct statement of the matters said to justify the making of the proposed consent order and giving references to any authorities or statutory provisions relied upon;

(b) each sign the proposed consent order; and

(c) provide the proposed consent order to the Court, preferably by eLodgment. A guide as to how to lodge a document with the Court electronically is available on the Court's website.

2.2 If the proposed consent order relates only to costs, the succinct statement and related references referred to in paragraph 2.1(a) above need not be inserted in the proposed order.

3. Obligation of Parties to Serve Consent Order

3.1 If the Court makes such a consent order the parties must, within 7 days of the order being made, serve a copy of the order on the Tribunal.

4. Further Information

4.1 This practice note is limited to the consent order-related circumstances set out above. For further information as to the case management of a proceeding, parties should refer to the Central Practice Note (CPN-1) and, where applicable, any relevant National Practice Area ("NPA") practice note.

4.2 Parties and practitioners should also familiarise themselves with the Court's general practice notes. All of the Court's practice notes can be found on the Court's website.

4.3 Further information to assist litigants, including a range of helpful guides, is also available on the Court’s website. This information may be particularly helpful for litigants who are representing themselves.

Chief Justice
25 October 2016

[1] Some examples are: the Commonwealth Administrative Appeals Tribunal (including the Migration and Refugee Division), Australian Competition Tribunal, Copyright Tribunal of Australia, Superannuation Complaints Tribunal, Defence Force Discipline Appeal Tribunal, National Native Title Tribunal and the Fair Work Commission.