Consent Order (FC 1)

Order 43 rule 16 of the Rules of the Supreme Court 1971 (WA), which applies in the District Court through rule 6 of the District Court Rules 2005, lets the parties or their lawyers file a written consent to an order. A registrar or judge may then settle, sign and seal the order without any other application, if satisfied the Court would make it on consent, or may bring the matter before the Court. An order made this way states that it is made by consent and has the same force as an order made after a hearing (O 43 r 16(3)). The Court's Practice Note PNC 9.3 says a minute of consent orders should be substantially in the form of FC 1 and must be signed by all parties.

When you need it

• The parties agree on case management or programming orders and want them made without attending a directions hearing (PNC 1.1.5). The Court's Usual Orders (UOC) give standard wording.
• You want to extend the time for entering the case for trial, and the case is not yet on the Inactive Cases List (PNC 1.5.2).
• The parties want to adjourn a pre-trial conference by consent (PNC 6.5.1), or want a mediation conference instead of a pre-trial conference (PNC 6.3.1).
• The case has settled and the parties want judgment entered or the action dismissed by consent.

1. 1

   Complete the heading

   Enter the action number and year, the registry (Perth unless the case is at a country registry) and the names of the plaintiff and defendant as they appear on the writ.

2. 2

   Fill in the document details

   Date of document, date of filing, the party it is filed on behalf of, who prepared it, and their address, telephone, email and reference.

3. 3

   Set out the orders

   Write each proposed order as a numbered paragraph, after the printed words saying the parties consent under RSC Order 43 rule 16. Using the Court's Usual Orders wording and correct preambles reduces the chance of the minute being sent back (PNC 9.2.2-9.2.3).

4. 4

   Give reasons where required

   If the orders grant leave, extend time or vary an earlier order and are to be made administratively, the reasons must be written on the minute (PNC 9.3.3). The template's reasons line still refers to paragraph 10.3.3, which is the old numbering.

5. 5

   Have every party sign

   The minute must be signed by all parties (PNC 9.3.2). The template has signature lines for the plaintiff's and defendant's counsel or solicitor; add lines if there are more parties.

• Lawyers lodge the minute through the ECMS (eCourts Portal), choosing the document type 'Consent Orders Pursuant to O43 R16 - in for Settling' (PNC 9.3.1).
• A self-represented party who is not a registered ECMS user may lodge by email to districtcourt@justice.wa.gov.au (preferred) or at the registry (PNC 1.2.1).
• If satisfied, a judge or registrar settles and confirms the orders, and the Court issues them through the ECMS or sends a printed copy to a party who is not a registered user (PNC 9.1.3, 9.3).
• Allow time. Filing a consent order to extend the entry for trial date does not stop the clock (PNC 1.5.2). A consent adjournment of a pre-trial conference should be filed at least 2 working days before the listed date (PNC 6.5.1), and an application to adjourn a court mediation at least five clear working days before it (PNC 7.3.2).

• Once a case is on the Inactive Cases List, the only consent order that can be filed is one that finalises the action. Removing a case from the list is for the Court, not consent (PNC 1.5.1, 1.6.2).
• A consent judgment against a defendant who has not appeared or is self-represented needs the defendant to consent in person before a judge, or a written consent attested by a solicitor acting for them (RSC O 42 r 8).
• Where the defendant has appeared by a solicitor, the consent must come from that solicitor (RSC O 42 r 7).