Consent Orders

Consent Orders

If there is an agreement reached in a family law matter regarding parenting and/or property you may wish to file an application for consent orders with the Federal Circuit and Family Court of Australia. Consent orders are orders of the Court that have been reached with the consent of the parties involved.

Consent orders are generally time and cost effective when an agreement has already been reached. Consent orders are also binding upon parties to the proceeding and enforceable by the Court.

How do I apply for Consent Orders?

Consent Orders can be applied for directly by filing an application in the Federal Circuit and Family Court of Australia along with terms of proposed consent orders. There is currently a filing fee of $170.00.

What happens after the Consent Orders have been filed?

After an application is lodged, the application will be considered before a Judicial Registrar who will determine whether or not the Court should make the orders as sought in the application.

The Judicial Registrar will make the orders as sought if they are satisfied that the orders are in the best interest of the Child for parenting matters, or just and equitable for property matters. If the Judicial Registrar has any queries or concerns about the application for consent orders, or requires further evidence the Judicial Registrar can raise requisitions to the application and provide the parties with an opportunity to provide their response. Thereafter, the application will be considered with the response and the application may either be dismissed by the Court or approved.

Can Consent Orders be reached after proceedings have been commenced in court?

Consent orders can also be reached between parties to a proceeding at any stage either on an interim-interim, interim or final basis.

Can Consent Orders be set aside?

Pursuant to section 79A of the Family Law Act (Cth), property orders can be varied with a substitute order made if appropriate or property orders can be set aside under the following circumstances:

  • If there has been a miscarriage of justice because of fraud, duress, suppression of evidence including non-disclosure of relevant information;
  • If circumstances have arisen since the order was made, making it impracticable for the order or part of an order to be carried out;
  • If a person defaulted in carrying out an obligation imposed on the person by the order and as a result of that default it is just an equitable to vary or set aside the order;
  • If exceptional circumstances has arisen relating to the care, welfare and development of a child of the marriage where the applicant who has responsibility for a child of the marriage will suffer hardship if the order is not varied or set aside;
  • If a proceeds of crime order has been made covering property of the parties to the marriage or against a party to the marriage.

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