This Practice Direction applies to any proceedings in which there is a challenge to a decision of the Commonwealth Administrative Appeals Tribunal, Migration Review Tribunal, Refugee Review Tribunal, Social Security Appeals Tribunal or any other tribunal established under a law of the Commonwealth (‘the Tribunal’).
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 separate document containing a concise statement of the matters said to justify the making of the proposed order and giving references to any authorities or statutory provisions relied upon. Both documents must be signed on behalf of all parties. As well as the originals, two copies of each document must be filed.
If the proposed consent order relates only to costs, only the proposed consent order need be filed.
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 report and recommendation of an Independent Merits Reviewer in respect of a claim for protection by an offshore entry person. In respect of those proceedings, the current practice will apply, that is, for the submission of a note to accompany the draft consent order explaining the legal reasoning for the consent order.