Seeking a consent order from ADR Registrar
Practice direction 8 of 2014 allows the ADR Registrar to make consent orders about the matters referred to in rule 19 of the Planning and Environment Court Rules - particularly those set out in rule 19, which includes orders about public notice and service of proceedings where there are no issues of noncompliance.
The ADR Registrar’s ability to make a consent order doesn’t include the ability to make a ‘final order’ that finalises the appeal or originating application.
Note: Orders which seek to adjust previous direction orders, resulting in steps (i.e. expert reports etc.) occurring after the callover date must be determined by a judge.
If you seek a consent order including an order that public notice and service have been satisfied, include a statement by the parties that the requirements have been satisfied correctly and no matters of noncompliance require excusal.
The consent order should state that it is a ‘CONSENT ORDER’ and, preferably, be signed by all parties. If a party doesn’t sign the order, include their endorsement of the order with the email request. The ADR Registrar will indicate on the order that the party’s endorsement has been sighted.
Once the ADR Registrar makes the order, a signed and sealed copy will be emailed to the parties.
Send your request for a consent order as early as possible, as the ADR Registrar may be conducting conferences and unable to endorse the order immediately.