Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p73
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 73/100)
Character Range: 294156–296771

trustee must give the parties written notice of the objection within the time referred to in subrule (3).
 (3) If the trustee does not object to the order sought within 28 days after receiving notice under subrule (2), the party may file the application or lodge the draft consent order.
 (4) Despite subrules (2) and (3), if, after service of notice under subrule (2) on the trustee, the trustee consents, in writing, to the order being made, the parties may file the Application for Consent Orders or lodge the draft consent order.

10.07  Dealing with an application for a consent order
 (1) If a party applies for a consent order, the court may:
 (a) make an order in accordance with the orders sought; or
 (b) dismiss the application.
 (2) At any time before the court determines an application for a consent order, it may require a party to file additional information.
 (3) If a Judicial Registrar has power to make the order sought, the Registrar may determine the application for a consent order, unless the Registrar considers that the application should be brought before a Judge.
 (4) An order made by consent has the same force and validity as an order made after a hearing by a Judge.

10.08  Lapsing of respondent's consent
  A respondent's consent to an application that an order be made in the same terms as the draft consent order attached to an Application for Consent Orders lapses if:
 (a) 90 days have passed since the date of the first statement of truth in the Application for Consent Orders; and
 (b) the Application for Consent Orders has not been filed.

Part 10.3—Summary orders and separate decisions

10.09  Application for summary orders
 (1) A party may apply for summary orders after a response has been filed if the party claims, in relation to the application or response, that:
 (a) the court has no jurisdiction; or
 (b) the other party has no legal capacity to apply for the orders sought; or
 (c) it is frivolous, vexatious or an abuse of process; or
 (d) there is no reasonable likelihood of success.
 (2) An application under this rule must be made by filing an application in accordance with the approved form.

10.10  Application for separate decision
 (1) A party may apply for a decision on any issue, if the decision may:
 (a) dispose of all or part of the proceeding; or
 (b) make a trial unnecessary; or
 (c) make a trial substantially shorter; or
 (d) save substantial costs.
 (2) An application under this rule must be made by filing an application in accordance with the approved form.

10.11  Orders that may be made under this Part
 (1) On an application under