Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 10.04

Agreement reached by dispute resolution

                   If the parties to a proceeding resolve the issues between them following a dispute resolution process, the parties may:

                     (a)  discontinue the proceeding; or

                     (b)  ask the Court to make consent orders.

Note 1:       For proceedings (other than family law proceedings), parties may be advised to use dispute resolution processes. For the duty of the Court to advise people to use dispute resolution processes, see section 23 of the Act. For the duty of lawyers to advise parties to use dispute resolution processes, see section 24 of the Act.  For the duty of designated officers of the Court to advise parties to use dispute resolution processes, see section 25 of the Act. For the duties imposed on the Court and lawyers to provide information about non-court-based family services and Court's processes and services in family law proceedings, see Part IIIA of the Family Law Act.

Note 2:       For proceedings (other than family law proceedings), see sections 26, 34 and 35 of the Act, which contain provisions dealing with the Court's power to refer a matter for conciliation, mediation or arbitration.

Note 3:       For family law proceedings, see in particular Parts II, III, IIIA and IIIB of the Family Law Act, which contain provisions dealing with family counselling, family dispute resolution and other processes that apply to the Court in relation to proceedings under that Act.

Note 4:       For family counselling and family dispute resolution in family law and child support proceedings, see Part 23 .

Note 5:       For mediation and arbitration in general federal law proceedings, see Part 27.



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