Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 4.09

How to accept an offer

             (1)  A party 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                     (a)  the offer is withdrawn; or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 both parties (see rule 10.04). Once lodged, it will be considered by the court under rule 10.07. The parties may agree to the dismissal of all applications.

Note 2:       Subrule 10.04(3) requires that, 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, and any other matter the court may require.



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