Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p20
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 20/100)
Character Range: 166186–168844

may accept an offer to settle by notice, in writing, to the party making the offer.
 (2) A party may accept an offer to settle at any time before:
 (a) the offer is withdrawn; or
 (b) the court makes an order disposing of the application or appeal.
 (3) If an offer to settle is accepted, the parties must lodge a draft consent order.
Note 1: The draft consent order should set out the orders agreed to by the parties and must be signed by each party or the party's legal representative (see subrules 5.28(2) and 10.04(2)).
Note 2: If a litigation guardian 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 (see subrules 5.28(3) and 10.04(3)).

4.10  Counter‑offer
  A party may accept an offer to settle even though the party has made a counter‑offer to settle.

Division 4.2.2—Offers in property proceedings

4.11  Compulsory offer to settle
 (1) This rule applies to a property proceeding.
 (2) Each party must make a genuine offer to settle to all other parties within:
 (a) 28 days after a conciliation conference or mediation; or
 (b) if no conciliation conference or mediation has been held or is to be held—28 days after the first court date; or
 (c) such further time as ordered by the court.
 (3) The offer to settle must state that it is made under this Division.
Example: The offer to settle must include a statement along the following lines:
 This offer to settle is made under Division 4.2.2 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Note 1: An offer to settle is a factor that must be taken into account when the court exercises its discretion in relation to costs (see paragraph 117(2A)(f) of the Family Law Act).
Note 2: Rule 10.27 sets out the consequences of failing to comply with these Rules.

4.12  Withdrawal of offer
  A party who withdraws an offer to settle made under this Division must, at the same time, make another genuine offer to settle.

Chapter 5—Interlocutory orders

Part 5.1—General

5.01  Effect of final orders on interlocutory orders
  On the making of final orders in a proceeding, any interlocutory order made in the proceeding pending further order is automatically discharged and ceases to have continuing effect.

5.02  Restrictions on applications for interlocutory orders
 (1) Subject to subrule (2), a party may apply for an interlocutory order in a proceeding.
 (2) A person may apply for an interlocutory order only if the order sought relates to a current proceeding, unless the person