QLD Go Back to Family Court to Negate Consent Orders?

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CJ999

Active Member
7 June 2015
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0
31
My spouse and I have a financial Consent Orders in place that states our family home ownership is to remain in both our names as Joint Tenants, with the power for either of us to re-address this Order when and if we see fit. We have come to a mutual agreement for me to buy her 50% out.

Do we have to go back to the Family Court to have this Order 'negated' somehow first with a new Order, or can we just proceed with this transaction as a normal property sale?

I do understand that proceeding via the Family Court first would mean we could get a stamp duty concession. However, this is not as important to us as proceeding quickly with a normal transfer of ownership and paying the stamp duty.
 

Victoria S

Well-Known Member
9 April 2014
518
58
2,289
The court will not of its own accord prevent you from proceeding with your plans that you have negotiated between you. It will only act if one party decides to enforce the orders - making an application to the court to do so.

Yes, for stamp duty and perhaps some other little transactional issues like that which I can't think of off the top of my head, you do need court orders or a binding financial agreement in order to avoid some charges.
 

CJ999

Active Member
7 June 2015
10
0
31
The court will not of its own accord prevent you from proceeding with your plans that you have negotiated between you. It will only act if one party decides to enforce the orders - making an application to the court to do so.

Yes, for stamp duty and perhaps some other little transactional issues like that which I can't think of off the top of my head, you do need court orders or a binding financial agreement in order to avoid some charges.
Thank you :)
 

Hayder Shkara

Lawyer
LawTap Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
Victoria, I am of the belief that you should be able to apply for a stamp duty concession with the OSR. You just need to submit the orders with your transfer to have it stamped. Check that before you enter into the transfer, could save a couple of thousand dollars.