Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p28
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 28/100)
Character Range: 185352–188031

order or prospective freezing order;
 (b) determining whether the freezing order should be made.

5.25  Order may be against a person not a party to proceeding
  The court may make a freezing order, or an ancillary order under rule 5.24, against a person even if the person is not a party to a proceeding in which substantive relief is sought against the respondent.

5.26  Costs
 (1) The court may make any order as to costs it considers appropriate in relation to an order made under this Division.
 (2) Without limiting subrule (2), an order as to costs includes an order as to the costs of any person affected by a freezing order or an ancillary order under rule 5.24.

Part 5.5—Applications for suppression or non‑publication orders

5.27  Application for suppression or non‑publication order
  An applicant for an order to suppress publication of a judgment must file and serve an affidavit that sets out evidence relating to the following:
 (a) the public interest in suppressing or not suppressing publication;
 (b) why further anonymisation of the judgment would not be sufficient;
 (c) whether publication of the entire judgment should be suppressed or only part of the judgment;
 (d) whether publication should be suppressed in one medium or in all media;
 (e) whether a summary of the judgment should be made publicly available if publication of the judgment is suppressed;
 (f) one or more grounds, referred to in subsection 102PF(1) of the Family Law Act, on which the application is made.
Note: All published judgments in family law proceedings are anonymised in accordance with the requirements of section 114Q of the Family Law Act.

Part 5.6—Consent orders

5.28  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.

5.29  Consent parenting orders and allegations of child abuse, family violence or other risks of harm to children
 (1) This rule applies if an application is made to the court for an interlocutory parenting order by consent, unless the order is