Federal Court of Australia

Entry of Orders (No. Q1/99, 14 December 1999)
NB: This Notice to Practitioners is superseded

Practitioners are reminded of the provisions of O36 r 8 which relate to the entry of orders. Practitioners are encouraged not to take out orders unless it is necessary to do so.

Where the court gives directions concerning the conduct of proceedings, the rules do not require that the order be formally entered.

Orders are required to be entered only in the following instances:

• Where the order takes effect only on signing
• Where the order is to be served
• Where the order is to be enforced
• Where an appeal from the order has been instituted, or an application for leave to appeal from the order has been made

Orders lodged for settling will be checked by registry staff prior to entry. An order will be requisitioned if there are any significant amendments required to be made to it.

If an order is requisitioned, the party lodging the order for settling is required to resubmit the order in accordance with the requisitioned document.

Consent Orders

Where a minute of consent order signed by the parties is lodged and approved, the order should be taken out. It would assist Registry staff in the entry of the order if the parties could lodge, with the minute, the appropriate number of copies of the order in terms of the consent in anticipation of the consent order being made.

District Registrar