Rejected Consent Orders by the Family Court
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The Family Court can reject your application for Consent Orders for various reasons. Most commonly, property orders that are not “just and equitable” and parenting orders are not in the best interests of the children. Most commonly, they are rejected for not being “just and equitable.” Most commonly, it’s an issue of non-compliance with legal procedures.
- Not "Just and Equitable" (Financial/Property Orders):
- Non-Compliance with the Family Law Act 1975 or Court Procedures:
- Not in the Best Interests of the Children (Parenting Orders):
- All requestion matters addressed in 24Hrs
- Comprehensive. We complete every step of the process – Application for Consent Orders and Minute of Order.
Addressing a rejection or requisition with your Consent Orders .
Not “Just and Equitable” (Financial/Property Orders):
- Fairness: For all property and financial Consent Orders, the Court must be satisfied that the agreement on the division of assets and liabilities is “just and equitable” in the circumstances of the parties. The following points must be considered :
- Contributions: You must disclose both financial and non-financial contributions made by each party to the relationship and the family’s welfare.
- Future Needs: The current and future needs of each party, including factors like age, health, earning capacity, care of children, and financial resources.
- Incomplete Financial Disclosure: A critical reason for rejection is both parties’ lack of “full and frank financial disclosure” (Complete and Honest). The Court requires complete information about all income, assets (including superannuation and trusts), and liabilities to assess the fairness of the arrangement. Non-disclosure or partial disclosure can lead to rejection.
- Superannuation Orders: Specific procedures and valuations are required for superannuation splitting orders. Failure to follow these, or to provide a valid valuation, can result in rejection. The superannuation trustee must also be given procedural fairness.
- Unenforceable Orders: Orders that are not drafted in a way that makes them legally enforceable or are ambiguous and unclear.
- Discrepancy in Documents: The proposed orders (Minute of Consent Orders) must be consistent with all the information provided in the Application for Consent Orders.
Non-Compliance with the Family Law Act or Court Procedures:
Non-Compliance with the Family Law Act 1975 or Court Procedures:
- Formalities: Incorrectly completed forms, failure to have affidavits properly sworn and witnessed, or a lack of precision in the information provided.
- Jurisdictional Requirements: Failing to comply with jurisdictional requirements, such as providing an affidavit as to jurisdiction for de facto relationships.
- Time Limits: If the application for property orders is filed outside the prescribed time limits (e.g., more than 12 months after a divorce order takes effect or more than 2 years after a de facto relationship breakdown), leave (permission) of the Court must be obtained.
- Format and Drafting: Orders must be clear, unambiguous, and drafted in a format that allows them to be legally enforceable. Using certain terminology incorrectly (e.g., “empowered” instead of “authorised” for a Registrar) can lead to rejection.
Not in the Best Interests of the Children (Parenting Orders):
- Primary Consideration: For parenting orders, the Court’s primary concern is always to consider what is in the best interests of a child. If the proposed orders do not adequately address the child’s living arrangements, financial support, safety, welfare, and overall development, they will likely be rejected. This is a very common source of orders be rejected.
- Insufficient Detail: Orders may be too vague or lack sufficient detail regarding arrangements, such as school holidays, special events, or communication.
- Safety Concerns: If there are unaddressed concerns about family violence, abuse, or risk to the children, the Court will request a requisition on the proposed orders or may reject them.
- Lack of Contingency Clauses: Orders may be rejected if they don’t include provisions for foreseeable changes or unforeseen circumstances.
General questions about the Requestion of Consent Orders.
Section 60CA of the Family Law Act states that the best interests of the child are the primary consideration of the court when making a parenting order. Part VII of the Family Law Act 1975 also generally concerns the law relating to children and their best interests. Section 60CC of the Family Law Act sets out considerations that the court must take into account in determining the child’s best interests.
- Section 79 of the Family Law Act refers to the concept of “just and equitable” in the context of property settlements. Specifically, sections 79(2), 79(4), and 79(6) are mentioned in relation to this requirement. The court must be satisfied that making an order is “just and equitable” in all the circumstances. This is often the final step in the property settlement process
- Consent orders are agreements reached by separating couples that are formally approved and made legally binding by the Federal Circuit and Family Court of Australia (FCFCoA).
The FCFCoA reviews proposed consent orders to ensure they meet legal standards and are fair and appropriate. Common reasons for rejection include not being in the best interests of the children (parenting orders), not being “just and equitable” (financial/property orders), non-compliance with the Family Law Act or court procedures, or a potential miscarriage of justice.
The Court primarily focuses on what is best for the child. Proposed orders need to adequately address the child’s living situation, financial assistance, safety, well-being, and overall growth.
The Court must be satisfied that the proposed division of assets and liabilities is “just and equitable” in the circumstances of the parties, considering contributions (financial and non-financial) and future needs.
- A: Full and frank financial disclosure means providing complete information about all income, assets (including superannuation and trusts), and liabilities. It’s critical because the Court needs this information to determine whether the proposed orders are “just and equitable.”
- A: Incorrectly completed forms, failure to have affidavits properly sworn and witnessed, a lack of precision in the information provided, using incorrect legal terminology, or failing to comply with jurisdictional requirements.
- A: Read the rejection/requisition letter carefully, seek legal advice, address the specific issues identified by the Court, and resubmit the amended documents.
- A: A family lawyer can interpret the rejection/requisition, help you understand why the specific issues were raised, assist in redrafting the orders to address the Court’s concerns, prepare supporting documents, and ensure compliance with the Family Law Act and court procedures.
- A: Yes, in some cases, if the issues are complex or cannot be resolved administratively, the Registrar might order you to attend a hearing to explain or justify the proposed orders.
Questions on Consent Orders?
Having practiced family law for 20 years, we know all the ins and outs. We have attended to hundreds of rejected and requestioned Consent Orders.
How to Address a Rejection or a Requisition:
When your consent orders are rejected or a requisition is issued, it’s important that you understand the specific reasons for the requisition. The Court will typically send an email outlining its concerns and its suggestions.
4. Read the Rejection / Requisition Email Carefully:
- The letter will detail the specific issues identified by the Registrar. It might ask for more information or clarification or specify its concerns. They will not rectify the error for you. You will need to address the Family Court’s concerns.
- Seek Legal Advice:
- It’s highly recommended that you seek legal advice from a family lawyer. This is especially true if you prepared the orders yourself. This is a very common suggestion made by the Judicial Registrar. We can:
- Interpret the Rejection/Requisition: Explain the legal implications of the Court’s concerns.
- Identify the Problem: This will help you understand why the specific issues were raised and how to address them properly.
- Redraft the Minute of Order: Assist in redrafting the proposed orders to address the Court’s concerns, ensuring they are legally compliant, enforceable, and meet the “just and equitable” or “best interests of the child” tests.
- Prepare Supporting Documents: Advice on any additional affidavits or evidence needed to satisfy the Registrar. This may be a joint statement of facts.
- Ensure Compliance: Confirm that all amended documents comply with the Family Law Act and Court procedures.
- Write a letter to the Registrar advising of amended documents and seeking an early listing to have your matter determined.
- Address the Specific Issues:
- For “Just and Equitable” Concerns:
- Provide Full Disclosure: If incomplete financial disclosure was the issue, gather and provide all necessary documentation (bank statements, superannuation statements, valuations, etc.) to demonstrate a comprehensive financial picture.
- Justify the Division: If the Court believes the division isn’t just and equitable, you may need to provide further explanation or evidence as to why the proposed orders are fair, considering contributions and future needs.
- Amend Property Division: If the division is deemed significantly imbalanced, you may need to renegotiate the terms with the other party to achieve a fairer outcome.
- For requisitions involving “Best Interests of the Child” Concerns:
- Parenting Arrangements: You should provide more details about how the proposed arrangements will meet the child’s needs, considering the child’s age, development, and relationship with both parents.
- Address Safety Concerns: If risk concerns were raised, provide information on how these risks will be mitigated.
- Include Contingencies: Add clauses that address what will happen in specific situations (e.g., relocation, illness, school changes).
- For Drafting or Procedural Issues:
- Correct Formatting/Wording: Amend the orders to use the correct legal terminology and ensure clarity and enforceability.
- Complete Forms Accurately: Recheck all forms for completeness and accuracy.
- Provide Missing Information: File any missing affidavits or supporting documents via the Commcourts Portal.
- Address Time Limits: If the application is filed out of time, ensure it is properly addressed.
4. Resubmit the Amended Documents:
- Once the issues are addressed, the amended Application for Consent Orders and Minute of Consent Orders, along with any new supporting affidavits or documents, should be resubmitted to the Court. This is typically done electronically via the Commonwealth Courts Portal.
Questions on Consent Orders?
Having practiced family law for 20 years, we know all the ins and outs. We have attended to hundreds of rejected and requestioned Consent Orders.
What are the steps to address your requisition.
01
Call us
Let's have a general discussion about your matter. No Judgement, just a general discussion to see how we can fix the situation
02
Send us the documents
We will review the email from the court and provide a solution, along with a fixed fee for our services.
03
Update all the documents
All documents will be updated as required by the requestion. This will include Application for Consent Orders, Minute of Order, Notice of Risk, Affidavits or joint statement of Facts
04
Resubmit the Consent Orders
We will have the documents re-signed electronically and submitted under your portal so that no more court fees are applicable. We will also request an early listing to finalise your matter.
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