Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p36
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 85885–88465

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 by filing a draft consent order signed by each party.
 (2) The draft consent order must state that it is made by consent.
 (3) The Court may make such orders as the Court considers appropriate in the circumstances.
 (4) If a Registrar has power to make the order, the Registrar may, unless the Registrar considers that the matter should be brought before the Court, make an order in accordance with the terms of the draft consent order.

13.09  Additional information
  At any time before making a consent order, the Court or a Registrar may require a party to provide additional information.

Division 13.4—Summary disposal and stay

13.10  Disposal by summary judgment
 (1) This rule applies if, in a proceeding:
 (a) in relation to the whole or a part of a party's claim there is evidence of the facts on which the claim or part is based; and
 (b) either:
 (i) there is evidence given by a party or by some responsible person that the opposing party has no answer to the claim or the part of the claim; or
 (ii) the Court is satisfied that the opposing party has no reasonable prospect of successfully defending the claim or the part of the claim.
 (2) The Court may give judgment on that claim or part of the claim and make any orders or directions that the Court considers appropriate.
 (3) If the Court gives judgment against a party who claims relief against the party obtaining the judgment, the Court may stay execution on, or other enforcement of, the judgment until determination of that claim.

13.11  Residue of proceeding
 (1) This rule applies if, in a proceeding:
 (a) a party applies for judgment or an order for stay or dismissal under this Division; and
 (b) the proceeding is not wholly disposed of by judgment or dismissal, or is not wholly stayed.
 (2) The proceeding may be continued in relation to any claim or part of a claim not disposed of by judgment or dismissal and not stayed.
 (3) The Court may give directions for the further conduct of the proceeding.

13.12  Application
  An application for judgment or for an order that a proceeding be stayed or dismissed must be made by filing an application in accordance with the approved form.

13.13  Disposal by summary dismissal
  The Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding, if the Court is satisfied that:
 (a) the party prosecuting the proceeding or claim for relief has no