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Court Procedures Rules
6013Application in proceeding—orders by consent without
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6013 Application in proceeding—orders by consent without
attendance
(1) This rule applies if, at least 2 days before the return date for an
application in a proceeding or a later date set by the court for hearing
the application, a document is filed in the court that—
(a) states that each party to the application—
(i) agrees to the adjournment of the application; or
Note See approved form 6.3 (Agreement to adjournment of
application) AF2006-411.
(ii) consents to the orders sought in the application; or
Rule 6014
(iii) consents to the orders sought in the application, amended
to vary a time mentioned in an order sought for taking a
step in the proceeding; and
(b) is signed by each party’s solicitor.
(2) For subrule (1) (a) (ii) or (iii), a copy of the application may be
endorsed with the consent of each party’s solicitor.
(3) The court may, without any of the parties attending before the court—
(a) if the parties agree to an adjournment—adjourn the hearing to—
(i) the date agreed by the parties; or
(ii) a date decided by the court; or
(b) if the parties consent to the orders sought in the application—
make the orders sought by consent; or
(c) if the parties consent to the orders sought in the application as
amended—make the orders sought, as amended, by consent; or
(d) direct the parties to attend before the court on a stated date.
(4) If the court adjourns the hearing to a date decided by the court, the
registrar must tell the parties the adjourned date for the hearing.
(5) If the court directs the parties to attend before the court on a stated
date, the registrar must tell the parties the stated date.