Family Violence Act 2016
33Consent orders
Start here
Get a plain-English read of 33
Turn the raw legal text into a practical explanation grounded in Family Violence Act 2016.
33 Consent orders (1) On application for a final order, the court may make an interim or final order with the consent of the parties to the proceeding. (2) The order may be made— (a) whether or not the parties have attended, or any party has attended, before the court in relation to the application; and (b) whether or not any ground for making the order has been made out; and (c) whether or not the court has considered the matters mentioned in section 14; and (d) without proof or admission of guilt. Note Section 66 and s 67 apply to require the court to explain the order intended to be made under this section if the party to the order is before the court. (3) Before making a final order under this section, the court may conduct a hearing in relation to the particulars of the application if the court is satisfied it is in the interests of justice to do so. (4) If an automatic consequence flows from the making of a kind of order and an order of that kind is made under this section, the automatic consequence flows from the making of the order unless— (a) this Act allows a discretion for the automatic consequence not to flow from the making of an order of that kind; and (b) the parties consent to the automatic consequence not flowing from the making of the order.
Consent orders Division 3.4 (5) However, this section does not allow the court to make a protection order— (a) that may not otherwise be made under this Act; or (b) for a period other than a period for which the order may be made; or Note Section 24 limits the length of general interim orders and s 35 limits the length of final orders. (c) if section 77 (Consent orders—party with impaired decision- making ability) applies.