Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p70
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 70/100)
Character Range: 287097–289670

of Part 10.1
  In this Part:
application or response includes:
 (a) a part of an application or response; and
 (b) an order sought in an application or response; and
 (c) an application for a consent order when there is no current proceeding (see rule 10.04(4)).

10.02  Discontinuance
 (1) A party may discontinue an application or response by filing a notice of discontinuance in accordance with the approved form.
 (2) A notice of discontinuance may be filed:
 (a) at least 14 days before the day fixed for the final hearing of the application; or
 (b) with the leave of the court, at a later time.
 (3) However, a party must not file a notice of discontinuance in a proceeding under the Family Law Act without the leave of the court if:
 (a) the proceeding relates to the property of a party; and
 (b) one of the parties dies before the proceeding is decided.
 (4) A party filing a notice of discontinuance must, as soon as practicable, serve a copy of the notice on each other party to the proceeding.
 (5) Discontinuance of an application or response by a party does not discontinue any other party's application or response.

10.03  Costs
 (1) If a party discontinues an application or response, another party to the proceeding may apply for costs.
 (2) Unless the court directs otherwise, an application for costs must be made by a party within 28 days after service on the party of the notice of discontinuance.
 (3) If an order for costs is made against a party, and the party brings against the party to whom the costs are payable a further proceeding on the same or substantially the same matter, the court may stay the further proceeding until the costs are paid.

Part 10.2—Consent orders

10.04  Application for order by consent
 (1) The parties to a proceeding may apply for an order in terms of an agreement reached about a matter in dispute in the proceeding:
 (a) by lodging a draft consent order; or
 (b) by tendering a draft consent order to a judicial officer during a court event; or
 (c) orally, during a court hearing or trial.
 (2) A draft consent order must state that it is made by consent and must be signed by each party or the party's legal representative.
 (3) If the litigation guardian of a party seeks a consent order (other than an order relating to practice or procedure), the litigation guardian must file an affidavit setting out the facts relied on to satisfy the court that the order is in the party's best interests.
 (4) If there is no current proceeding regarding a matter within the court's jurisdiction, a person may apply to