1. This Practice Direction applies to any proceedings in which there is a challenge to a decision of the Commonwealth Administrative Appeals Tribunal or any other tribunal established under a law of the Commonwealth (‘the Tribunal’).
  2. If the parties propose that an order be made with their consent, the effect of which is to set aside or vary an order of the Tribunal (‘consent order’), they must file the proposed consent order and, with it, a notation concisely setting out the matters said to justify the making of the proposed order and giving references to any authorities or statutory provisions relied upon. The proposed order must be signed on behalf of all parties. As well as the original two copies must be filed.
  3. If the proposed consent order relates only to costs, only the proposed consent order need be filed.
  4. If the Court makes a consent order the parties must, within seven days of the order being made, serve a copy of the order and the supporting statement (if any – see paragraph 2) upon the Tribunal.

Note: The Practice Direction does not apply to migration proceedings in which there is a challenge to a decision of the Minister or a delegate of the Minister or a report and recommendation to the Minister. In respect of those proceedings, the current practice will continue to apply, that is, for the submission of a note to accompany the draft consent order explaining the legal reasoning for the consent order.

J PASCOE
Chief Judge
May 2016