NSW Legal question - amending consent orders

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17 February 2018
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Hoping someone can help with this, I'm trying to finalise financial consent orders between myself and ex-wife and just trying to do it without lawyers as it should be reasonably simple. The consent orders were declined for a few reasons and I do not understand what the reasons mean, hoping someone has either seen them before, knows what they mean or can point me to the right place.

These are the reasons:
1. The proposed consent orders are unenforceable in that the Orders do not contain an enforcement provision pursuant to s. 106A of the Family Law Act 1975.

2. The proposed consent orders contain provisions in respect of a child or children to whom the Child Support Scheme applies. There is no jurisdiction in the Court to make such orders.

The first one I do not know what this means or what I have to do.

The second one I'm not sure about, there is one mention of children in the consent orders which deals with a savings account set up for them which both parents can't touch till they grow up. There is no mention of child support in the orders but I do pay child support which is outlined in the application form. I'm guessing maybe I just need to remove this from the orders?

Any help and advice is much appreciated.
 

Rod

Lawyer
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27 May 2014
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Without seeing the proposed consent orders this is a bit of guesswork:

1. Not signed properly as a deed??

2. As the consent orders covers financial settlement take out all kids references, possibly other than to say the kids will be properly cared for.
 

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Well-Known Member
17 February 2018
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121
Thanks Rod for the reply.

I think you are right for Q2, I'll just remove the kids reference. For Q1 I can't show you the order but it is signed on each page and dated on the last page as well. There is also the Certification Of Consent Orders Page which is dated and signed by myself and ex-wife but not lawyers as we did not use them. I just used the template provided here: Application for Consent Orders (do it yourself kit) - Family Court of Australia

Does the certification or any part of the document need to be witnessed or stamped by a justice of the peace or similar? This has not been done.

Also the documents are all signed on the 8th but I actually filed it online on the 9th and I think I completed my Statement of Truth on the 9th via the online form, could this be the issue?
 

Rod

Lawyer
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27 May 2014
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Does the certification or any part of the document need to be witnessed or stamped by a justice of the peace or similar?

No.

Also the documents are all signed on the 8th but I actually filed it online on the 9th and I think I completed my Statement of Truth on the 9th via the online form, could this be the issue?

Yes. The form explicitly states the dates on the document, and the statement of truth, MUST be the same date.

Of course there may be additional issues :)
 

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Well-Known Member
17 February 2018
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One more question - the requisition document asks for "copies of the appropriate Form of Order each with attached clean typescripts of the proposed consent orders must be filed" - does this just mean a photo copy of the signed proposed consent orders? If not what does this mean in plain English.

Or is this referring to the application form as well, and also new statement of truths, I take it they need to be done as well. The document asks for a copy for each party and the court.