About Brendan Hanks

Practice manager at Kate Austin Family Lawyers

Entries by Brendan Hanks

Do you need independent legal advice for Consent Orders

A solicitor does not need to sign off on consent orders. Before signing off on proposed Consent Orders, neither party is required to obtain independent legal advice.  When parties are in agreement with one another, they do not seek independent legal advice and therefore do not require a solicitor to sign off on the documents […]

What does a ‘fair’ Consent Order look like?

  What is a just an equitable agreement look like If the court is satisfied that the proposed Orders are “just and equitable” in a property settlement proceeding, it can make Consent Orders. As a result, what is considered just and equitable will vary considerably depending on the circumstances of the individual case. If, for […]

How long do Consent Orders take to process?

  How long do Consent Orders take?   How long will the family court take to approve your Consent Orders? The time it takes for the Family Court to approve consent orders depends on the time of year of your application and which registry your matter has been allocated to. Since there has been an […]

What is the process for obtaining a Consent Order from the family court

  How to obtain a Consent Order from the family court? You must file two documents with the Family Court in order to obtain Consent Orders if you do not already have court proceedings in progress. “Application for Consent Orders” is the first document. In the case of property matters, this document outlines each party’s background […]

What are the advantages of Consent Orders over a parenting plan?

What are the advantages of Consent Orders. A parenting plan consists of a written agreement between two people after they have attended mediation through a family relationships center. The agreement outlines the future care arrangements for a child or children of the relationship, which is signed by both parties. However, a parenting plan is not […]

Consent orders serve what purpose?

What purpose do consent orders serve ? A Consent Order formalizes an agreement that has been reached between two parties to a former relationship, whether they were married or defacto, in relation to their property settlement, including spousal maintenance, as required, and/or the future care of their children.   The risk of not formalizing your […]

How does a Consent Order differ from a Court Order?

    Does a Consent Order differ from a court order? Both court orders and consent orders are legally binding and enforceable by the court. Therefore, there is no practical difference between them. The difference between the two is that a Consent Order is made between the parties. Both parties are asking the court to […]

A ‘Minute of Consent’ is what?

  What is a ‘Minute of Consent”. Minutes of Consent are essentially documents that contain the Consent Orders you are asking the court to make on your behalf. A minute of consent can include either property settlement Consent Orders or parenting orders, as well as Consent Orders for the payment of spousal maintenance. Consent Orders […]

If you breach a Consent Order, what happens?

  If you breach a Consent Order, what happens? Breach of a court Order has the same consequences whether it was made by consent or after a contested hearing. Most often, the court will want to see the Order implemented and it can sometimes be the case that no other Orders that might otherwise be […]