Posts tagged as:

Consent Orders

Hooray! Final Orders, It’s Over…Or Is It?

by Kate Marr on October 14, 2016

Kate Marr

When parenting proceedings have been finalised, when you have sealed court orders setting out the parenting arrangements, you may feel many different emotions, including sorrow, relief and/or happiness.

The Orders made by the Court are made with the view that they will continue to apply until the child / children is eighteen (18) years of age. However, in the event … Read more

Karen Devey

In the recent Family Court Decision of Mizzi & Wilson [2015] FamCA 881, Cronin J declined to engross consent orders signed by both the mother and father in circumstances where the Independent Children’s Lawyer appointed by the Court refused to sign the proposed orders.

The matter involved two children, aged 4 and 2 who lived with their mother and spent … Read more

Formalising your Financial Settlement

by Michelle McDermott on July 6, 2016

Michelle McDermott

I have had a number of cases recently involving claims being made by a former spouse/partner in circumstances where a financial settlement had been agreed and, indeed, implemented but without it having been properly formalised.

One of the most important pieces of advice I give to clients when they come in for their first meeting, or even when they simply … Read more

Daniel Rod

The Family Law Act 1975 (Cth) mandates that parents who separate seek a s60I certificate prior to filing for parenting matters in Court.

The process seeks to implement an alternative for separating parties to filing for Court Orders and it is my belief that this policy is simply misguided and I believe that parties are better directed through other avenues.… Read more

So Far, No Increase in Family Law Fees

by Kate Marr on August 31, 2015

Kate Marr

Clients who are involved in a protracted family law dispute in the Family Court of Australia or the Federal Circuit Court of Australia are required to pay fees to the Court. Fees are payable by those clients (who are not otherwise exempt) at different stages of their court proceedings.

Ordinarily, a client will pay a filing fee in the early … Read more

Peter Magee

A consent order is a written agreement between former spouse’s or de facto partners that is approved by the Family Court. As the word consent implies the agreement must be accepted by all parties and the Family Court.

Consent orders consist of two documents. The first document is the Application for Consent Orders which is approximately 25 pages in length … Read more

Peter Magee

Consent Orders for property settlement matters are designed to effect a clean financial break between former spouses and de facto partners. They are intended to be “once and for all” arrangement in respect of parties’ assets, liabilities, superannuation and financial resources.

Once the Consent Orders are issued they have the same effect as a court order made by a Judge … Read more

How can the family law process save you money?

by Peter Magee on October 9, 2014

Peter Magee

A reason why former partners should legally formalise their property settlements is so that they are exempt in some circumstances from paying duty for house and land transfers. This could result in a substantial monetary saving for one or both parties.

Stamp duty or Transfer duty (“duty”) is calculated on the value of the property or the money paid for … Read more

Peter Magee

Recently a significant amount of publicity has surrounded the James Packer and Erica Baxter separation.

Several newspapers have covered the separation, including The Brisbane Times in their article called “For Richer, Not Poorer: Erica Baxter Debuts on BRW Young Rich List”. In the article published on 18 September 2013, Daisy Dumas and Andrew Heathcote that Ms Baxter’s “six year Read more