Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p71
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 71/100)
Character Range: 289443–292005

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 the court for an order in terms of an agreement reached about that matter by:
 (a) filing an Application for Consent Orders; and
 (b) lodging a draft consent order, or tendering a draft consent order to a judicial officer during a court event.
Note 1: An application under subrule (4) must be filed in the Federal Circuit and Family Court (Division 2). Section 50 of the Federal Circuit and Family Court Act prohibits the institution of family law or child support proceedings in the Federal Circuit and Family Court (Division 1).
Note 2: If an application under subrule (4) seeks an order in relation to a superannuation interest, proof of the value of the interest must be filed with the application to enable the court to determine the value of the interest as required by subsection 90XT(2) of the Family Law Act.
 (5) Despite subrule (4), an application:
 (a) for an order for step‑parent maintenance under section 66M of the Family Law Act; or
 (b) for an order relying on a cross‑vesting law; or
 (c) for an order approving a medical procedure; or
 (d) for a parenting order when section 65G of the Family Law Act applies; or
 (e) for an order under the Assessment Act or Registration Act;
must be made by filing an Initiating Application (Family Law) rather than an Application for Consent Orders.
 (6) This rule does not apply to an application for a parenting order in relation to a child born under a surrogacy arrangement if no final parenting order in relation to the child has been made under Part VII of the Family Law Act.
Note: Rule 1.10 applies to an application for a parenting order in relation to a child who was born under a surrogacy arrangement.

10.05  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 a parenting order by consent.
 (2) The parties to the application must comply with Division 2.2.1.
 (3) The parties must advise the court whether or not any allegations have been made in the proceeding of child abuse, family violence, or any risk of harm to a child in relation to whom the order is sought.
 (4) Each party must also advise the court, apart from any allegation made in the proceeding:
 (a) whether the party considers that the child concerned has been, or is at risk