CMS File Minutes of Proposed Orders (Draft Orders) FAQs

Can you download sealed copies of court orders from the Portal?

Yes, as soon as orders have been approved by a Judicial Officer parties who have case access will be able to download copies of the orders.

What is the difference between hearing notation and order notation?

Hearing notations will be used to make overarching comments on the specific listing on the day. Order notations are specific to the order and will appear on the order template (which is provided to parents, etc)

If parties are having a dispute about conditions and would require court time how would we raise this with the court?

The draft order comments field can be used to indicate conditions that are in dispute. Otherwise it is the Court's expectation these issues with be raised in open court.

Will any party be able to edit the draft orders?

Yes, when the order are in the status of 'Draft - Review by Parties', any party with case access will be able to review and edit the draft orders. Once the orders are submitted to Court and in status of 'Draft - Submit to Court', parties can no longer make edits unless the Court refers back to parties.

Is there any track changes or previous versions of draft orders that parties can see?

Internally the Court can see versioning of the draft order but this function is not available on the portal. Parties can download copies of the draft orders as they go if they require to keep changes. These downloaded copies are marked in multiple areas with 'Draft Order' to ensure parties do not confuse them as orders of the court.

Can parties edit draft orders after they have been sent to the court?

No, once draft orders are filed with the court (and in a status of 'Draft - Submit to Court') parties will not be able to make any further edits unless the magistrate or the bench clerk refers the orders back to the parties.

How will self-represented parties access the draft orders?

Self-represented parties will not have access to the portal so as current procedure one of the parties with legal representation (usually the CPLO) will have to sit down show and discuss. The 'Minutes of proposed orders' document can be used to facilitate this process, which can be emailed or printed.

If a Magistrate wishes to amend a condition do they have to send it back to parties?

A magistrate can amend proposed orders if they wish or they can send it back to parties. It is at the discretion of each individual magistrate on which option they will choose.

Do draft orders look different to final orders that are made by the court?

Yes, there are multiple locations on the document that states it is a draft order including a large watermark.

Can multiple people edit a draft order at a time?

No, only one party can change the draft order at a time.

Will I able to get all dates from the Portal or will parties still need to seek a date from the registry?

Parties will be able to get a date for all hearing types via the portal, aside from contest hearings and conciliation conferences.

When selecting dates on draft orders will it show the docket dates? If I need a date earlier than the one provided how will this occur?

Yes, if a matter is docketed before a particular judicial officer then the system will show available dates specific to the judicial officer when listing or adjourning a matter. If the dates are not suitable for whatever reasons then parties should contact the coordinator.

If any party can edit the draft orders how will we be able to maintain an original copy?

If the original version of the draft order is required it can be downloaded when the draft is first created.

If we submit consent orders via the portal will we need to appear? 

It will depend on the judicial officer and the nature of the hearing but it will be expected an appearance will need to be made unless a judicial officer specifies otherwise much like current process. 

If I have accidentally sent draft orders to the court is there a way to get it released? 

Both the bench clerk and the magistrate have the ability to refer the draft orders back to parties. It will require a party to talk to the bench clerk for release or by having the matter called over.

Is there any notification when draft orders are filed with the court?

No, the onus will be on parties to remain in communication with each other and check the portal as required.

If there are 3-4 parties negotiating the wording of a condition- how will we negotiate all 3 -4 of us on CMS? 

The court doesn't expect CMS to replace face to face interactions and negotiations however the portal has the ability to make to bring these issues to the attention of the judicial officer. 

The Courts expectation is that orders will not be submitted to the court until they are by consent or require court time. You can use the order notations to bring it to the Judicial Officer's attention that there are issues with certain conditions when submitting orders that are not consented by all parties.

Can you add notations to adjournment documents?

Yes, you can add notations at a hearing level or an order level.

How will cost orders be completed?

All orders will be entered into the portal as a draft order, including costs orders.

DFFH is the default agency in conditions. If this is changed to VACCA for example, will it remain the default for future orders or will it have to be changed each time?

No, the relevant aboriginal agency would need to be selected for each individual condition.

Can you have multiple persons selected and added for the same conditions? For example, mother, stepfather and child?

Yes, it is possible to select multiple parties per condition.

Will the Conditions of the orders be published as well as the formal orders?

Yes, for applicable order, the corresponding conditions will also be attached to the order and available in the portal.

Do DFFH use the portal when bail justice is required? 

If an out of hours hearing is conducted before a bail justice the corresponding documentation should be uploaded onto the portal.

Can draft orders be duplicated for multiple children? Or needs to be done for each child if the order is the same?

It depends. In creating an order, yes you can apply an order to multiple children. In some instances, such as extending or varying and order, orders will need to be made individually.

Is there tracking on order modifications? 

This system does not have the ability to track changes, however the Court does have the ability to view the version history of each draft.