QLD Family Law - Coming to an Agreement Before Trial Day?

[SelfRepHelp]

This is really urgent. I want to find out what will most likely happen in the following family law situation...

I have a trial date for this coming Friday. It's a children's matter regarding schooling. I am the applicant. In my application my orders were A, and the respondent's were B.

As part of our final orders, submitted 2 weeks ago, my orders are now C (trying to compromise) and the Respondent's is D or E. After everything, and the emotional drain this has had, I am agreeable to the respondent's D orders.

How can I agree to D before the trial, and not have them try to come back with costs?

I'm now an SRL.

Can I now, agree with the respondent's new final orders of D and not have to pay his costs? And how do I do that?

 

[AllForHer]

The Court prefers parties to reach agreement before trial, so punishing parties for doing so by making costs orders is an extremely uncommon outcome. Remember, the legislation holds that parties must cover their own costs, and the exceptions to this rule are very few and very difficult to prove. It's more common that applications for costs are dismissed than actually made.

Kudos to you for compromising, too, by the way.

 

[AllForHer]

Oh, you can email his solicitor and advise that you'd be willing to enter into consent orders identical to those sought by the respondent party as orders D, and attach a copy of those orders to your email. His lawyer will most likely do the rest of the work - filing with the Court, etc.

 

[MartyK]

Yes, send an offer to settle to his lawyer. Doesn't mean he has to agree. This Friday is the Court date? Seems odd given this Friday is a public holiday i.e. Good Friday (?) Sorry, just don't like to waste my time on possibly inauthentic.