Common Reasons a Court Will Change or Reject a Proposed Order
The court will scrutinize the application to ensure it is legally sound and fair. Common reasons for rejection or for issuing a requisition include:
- Insufficient Financial Disclosure: The court must be satisfied that both parties have made a full and frank disclosure of their financial circumstances. If the application suggests one party is receiving a significantly disproportionate share of the property and the reasons aren’t adequately explained, the court may question it.
- Wording is not legally binding: The proposed orders must be drafted in a way that is clear, specific, and enforceable. If the wording is vague or ambiguous, the court will require it to be corrected.
- Failure to Follow Procedure: For example, if a superannuation split is proposed, the court will check that the 28-day notice period was given to the superannuation fund trustee and that the appropriate forms were included.
- Best Interests of the Child: For parenting orders, the court’s paramount consideration is the child’s best interests. If the proposed parenting arrangements seem to be unworkable, or if they don’t adequately address a child’s needs (e.g., a young child with a complex medical condition), the court may seek clarification or suggest changes.
- Inadequate Justification: If the orders seem unusual or unfair on their face, the parties must provide a detailed explanation of their circumstances and why the proposed orders are considered just and equitable in their specific case.
What Happens When a Requisition is Issued?
When a requisition is issued, the court sends a notice to the parties or their lawyers outlining the specific issues with the draft orders. The parties then have a limited time (usually 28 days) to respond by:
- Amending the proposed orders to address the court’s concerns.
- Providing a written submission to the court explaining why the original orders should be made without change.
- Providing additional information or documents to support their application.
If the parties fail to respond to the requisition, the court may reject the application altogether, and the parties would have to start the process over.
It’s a common misconception that a Consent Order is automatically approved simply because both parties have agreed. The court acts as a crucial safeguard to ensure the agreements are legally compliant and protect vulnerable parties and children.
