Trusted by top companies around the globe
Why Apply For A Consent Order?
When separated couples choose a consent order, they avoid court proceedings and resolve their disputes without wasting large amounts of time and money.
A consent order covers parenting arrangements, property agreements, and financial arrangements. Consent orders, however, do not include child support or child-related expenses. When the Court formalises consent orders, they check that the order is appropriate, just and equitable, and in the best interests of the children.
Through an Application for Consent Orders, both parties file a joint application that sets out the terms of their agreement without appearing in Court. A judge or registrar then makes the consent order. If a consent order results in a “miscarriage of justice” or becomes unreasonable, the Court may vary or set aside the order after an application is made.
How Long Do Consent Orders Take?
Our experienced lawyers are here to help you with the first step of obtaining your consent order; Filling an application. To file an application for consent orders, you lodge the documents online through the Commonwealth Courts Portal. Our lawyers will offer legal advice, explain how the law applies to your specific case, and assist you in completing and lodging the necessary documents.
*An application should be made within 12 months of divorce, or within two years of ending a de facto relationship.
Once filed, a registrar reviews the documents to ensure just and lawful outcomes are being met. If there are children, the best interest of the children will be a primary consideration. If the registrar has any questions, they will send back documents outlining additional materials needed.
*If lawyers are consulted before this step, there are usually no further questions from the registrar.
Orders will be returned after processing and approval, usually within a month to 6 weeks, and then the orders are legally binding.
When Can A Court Set Aside Consent Orders?
In certain circumstances, the court can set aside consent orders. For example, this may occur if one party claims the other pressured them into reaching an agreement. Under Section 79A(1)(a) of the Family Law Act, the court can vary or set aside a property order if:
01
It is deemed a “miscarriage of justice” because of fraud, duress, suppression of evidence, which includes the failure to disclose relevant information, the giving of false testimony or any other circumstance;
The impracticable nature of the order because of circumstances that have occurred after it was made;
One party has defaulted in carrying out an obligation under the order and because of the things that have emerged as a result, it is therefore just and equitable to vary the order;
Unusual circumstances have resulted from the making of the order in which the applicant will suffer hardship if the court does not vary or set aside the order;
A proceeds of crime order has been made against the property of the parties or one of the parties.
A court may act under Section 79A when all parties consent, but it will not set aside consent orders solely because the agreement appears unfair.
When is it Considered a Duress?
A court can set aside consent orders as a “miscarriage of justice” when duress or other unfair circumstances exist, even though the Family Law Act does not clearly define duress. In Crescendo Management v Westpac (1988), the court explained that duress occurs when pressure goes beyond what the law considers legitimate, such as unlawful threats or unconscionable conduct. In Hogan v Hogan (2010), the wife accepted $58,000 from assets worth about $583,000. She alleged her husband’s abuse, stalking, and intimidation left her feeling she had no choice but to sign, despite receiving limited legal advice. The court ruled that his behaviour did not amount to duress but still found the outcome unjust, declaring a “miscarriage of justice” under Section 79A because of inadequate distribution and other circumstances. This case shows why consent orders must be just and equitable, and why parties should always seek independent family law advice.
If you need legal advice relating to family law or any other legal matter, please contact the experienced law team of My Legal Crunch.
The Right of Review Process
There would be the option for a right of review by a judge if a registrar made the consent order. Within 28 days from the date of the consent order, an application for review must be filed with the court. In the event more time is needed, a request for an extension can be sought from the court.
What constitutes a “Miscarriage of Justice”?
A “miscarriage of justice” under section 79A occurs when a consent order has been unjustly obtained. Section 79 requires property orders to consider assets, liabilities, contributions, and future needs, ensuring fair distribution. In Holland & Holland (1982), the Full Court explained that merely agreeing to a consent order that doesn’t fully reflect a party’s entitlement under section 79 is not enough to prove a miscarriage of justice. However, if the order is so far outside what is just and equitable, the Court may infer duress, ignorance, or incompetent advice, which could justify varying or setting aside the order.
Why Choose Us for Your Consent Order Lawyers
Our lawyers are dedicated getting our clients the results they deserve. This means taking the time out to get to know you and what’s happening in your life. We provide our forward-thinking results to help you not just now but into the future as well. With straightforward legal advice, you will understand your options, your strengths, weaknesses, risks and rewards.
We are strategic about your matter and we ensure that you are well positioned for positive results in receiving consent orders.
Experienced Lawyers
Personalised Approach
Affordable Services
Client Satisfaction
Our Flexible Approach to Legal Services
Our team understands that you need a flexible approach to your legal services. We respect each of our client’s needs and we welcome:
- Meetings in our office;
- Meetings at your office or home;
- Phone meetings if you cannot make it to our office;
- Video conferences if you cannot make it to our office; and
- Online legal services.
We can assist you out of normal hours as well as during our regular business hours.
Our team will help you to get through your legal matter with as little stress and hassle as possible. Please let our team know how you prefer to have your legal services delivered.
- You don’t need to take the day off work to come in and see us because we are available in the evenings and on the weekends and not just during regular office hours.
- Communicate with us by telephone, email, text, video conference or in person. Our lawyers are easy to access and provide flexible hours for communication.
Meet Our Lawyers
Michael Rodrigues
Michael is trained in Family, Criminal, Corporate, and Employment Law, offering practical advice and serving as a dependable advocate for clients facing legal challenges.
Malcolm Burrows
Malcolm Burrows, with degrees in Business and Law, is the Principal of Dundas Lawyers and a consulting lawyer at My Legal Crunch. His expertise spans commercial, corporate, technology, and intellectual property law.
Joe Mansour
Joe is a Paralegal and Administrative Support at My Legal Crunch, trained in a variety of legal areas from Traffic to Family Law. He expertly handles legislative appeals and High Court submissions.
Vesna tomic
Vesna has extensive experience in the Criminal defence and Civil industry and across a multitude of areas inclusive of litigation, family law, and criminal law.
Dante Harrower
Dante has experience in family violence and has a special interest in family law, criminal law, mental health law, and youth justice. Dante is student currently completing a bachelor’s of Law/Psychology at ACU.
Alyce Russell
Alyce has extensive experience in both civil law and criminal defence. At My Legal Crunch, she is responsible for corresponding with clients, drafting documents and handling administrative procedures.
Deanna Rodrigues
Experience In her role as HR intern for My Legal Crunch, Deanna aids the HR department in its day-to-day operations. She assists with various tasks including recruitment, selection, and orientation.
J. Richard Jones
J. Richard oversees all non-legal business aspects of MLC, including digital, client services, and operational processes.
Terri Pavelic
With over 20 years of publishing experience, Terri oversees the marketing, content, and social media strategies of My Legal Crunch.
Michael R. is highly professional and an honour to work with. He is patient and explains legal systems in detail. His knowledge and expertise enabled us to conclude our family matters with the best outcome in our favour. Thank you Michael and team.
Mary Joy
Michael is very calm and always try his best to listen and also creating the comfort to us in handling the situation. He is staying neutral and not even trying to sided anyone at all. Very recommended service, even though my case has no output from FDR session.
Felix Tan
Fantastic friendly service, always come back to you in timely manner. overall just great.
Nathan Levacsics
My Legal Crunch lawyers were fantastic, they are efficient and professional in there work. Especially Michael and Vesna. There empathy and dealing with my emotional state was truly appreciated Highly recommended
Sylvia Kurtze
The team are very quick and professional about getting the process of Mediation rolling, and were empathetic and understanding to everyone’s concerns. Highly recommend them.
Ross Thomas
FAQs
Find answers to common questions about legal processes and what you can expect.
How does the legal process work?
The legal process can vary depending on the specific case, but generally involves filing documents, gathering evidence, negotiation, and, if necessary, court proceedings. Our experienced Altona family lawyers will guide you through each step and ensure your rights are protected.
What is mediation?
How can I protect myself from domestic violence?
What should I do if I'm facing criminal charges?
What are my rights as an employee?
Experienced Lawyers
Are you in need of a lawyer for consent orders? Our experienced team is here to help. Schedule a consultation today.