Queensland Law Society

FCC Practice Direction No.1 of 2016 – Consent orders

Amendments have been made to the previously approved Practice Direction No.1 of 2012 – Consent orders in proceedings involving a federal tribunal with the issue of a new Practice Direction No.1 of 2016, Consent orders in proceedings involving a federal tribunal.

Practice Direction No.1 of 2012 has been archived and can be found here.

An amendment has been made to paragraph two which now provides that the ‘justifying statement’ which is required to accompany proposed consent remittal orders is to be by way of notation on the draft order rather than by way of a separate attachment:

“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 notation concisely setting out the matters said to justify the making of the proposed order and giving references to any authorities or statutory provisions relied upon. The proposed order must be signed on behalf of all parties. As well as the original two copies must be filed.”

Practitioners are reminded to also ensure specificity in the drafting of justifying statements.

The new practice direction is available here.