How do I apply for consent orders?

These include orders relating to:

• The person with whom the child lives – including any shared arrangements.
• The times that a child may spend with – a parent with whom they are not living, or anyone else who plays an important part in their life, such as a grandparent and can be either face-to-face, or by phone, email or letters.
• Child maintenance – for children not covered by the Child Support (Assessment) Act. If you are unsure contact the Child Support Agency.
• Any other aspect of parental responsibility, including who has responsibility for making decisions about major long-term issues – this may include the day-to-day care, welfare and development of a child, religion, education and sport.

For help with the wording required when seeking parenting orders see the Parenting orders – what you need to know brochure.

These include orders relating to:

• Spouse maintenance – financial support for a party to a marriage or former party to a marriage.
• De facto partner maintenance – financial support for a party to a de facto relationship which has broken down (provided the requirements of section 90DK are met).
• Property – how your property, superannuation, financial resources and liabilities should be shared between you (in the case of a de facto relationship which has broken down, provided the requirements section 90SK are met).

Superannuation

There are special requirements where you are making an application for orders for property settlement and either party has a superannuation interest. If you are seeking a splitting order in relation to a superannuation interest in accordance with Section 90XT of the Family Law Act:

• You must attach proof of value in relation to that superannuation interest.
• You must calculate the value of the superannuation interest and if the Family Law (Superannuation) Regulations 2001 provide a method for calculating the value then that method must be used.
• You must consider the taxation consequences of the order.
• Where a base amount is allocated then that amount cannot exceed the value of the interest (see Section 90XT(4)).

If you are seeking an order that imposes an obligation on the Trustee of the superannuation plan you must satisfy the Court that the Trustee has been accorded procedural fairness in relation to the making of the order.

The Court requires that at least 28 days before filing the application, you must serve written notice of the following matters on the Trustee of the superannuation fund in which the superannuation interest is held:

1. the terms of the orders that will be sought from the Court to bind the Trustee
2. that the Trustee may object to the orders sought by giving written notice within 28 days of receiving the notice.

If the Trustee does not object to the orders sought within 28 days after receiving the notice you may file the application.

The proposed orders by consent must contain a provision that each party and the Trustee have liberty to apply in relation to the implementation of the orders affecting the superannuation interest.

You should seek legal advice, and where necessary accounting advice about these requirements.

De facto relationship jurisdiction – financial causes

There are special requirements where you are making an application for orders for maintenance and/or property settlement as a party to a de facto relationship.

You must complete the part of the application that establishes that you are entitled to apply and meet certain geographical requirements.

For more information see De facto relationships.

If your de facto relationship broke down more than two years before the date of filing this application, you should read and consider section 44 of the Family Law Act. If you are filing beyond this time frame, you must consent to the Court making the proposed property and maintenance orders or you will need to seek leave of the Court to file the application. 

You must also file a copy of the certificate of registration of de facto relationship or other proof (if you were a party to a de facto relationship which is registered under a prescribed law of a state or territory and are seeking financial or de facto partner maintenance orders).

• Child maintenance for children covered by the Child Support (Assessment) Act, that is, those under 18 who were born after 1 October 1989 or whose parents separated after that date—this is handled by the Child Support Agency which can be contacted on 131 272 for the cost of a local call.
• Declarations about the existence of a de facto relationship.
• Medical procedures.
• Orders under cross vesting laws.
• A parenting order in favour of a person who is not a parent, grandparent or other relative under Section 65G of the Family Law Act.

You should seek legal advice before proceeding any further with any of these types of applications.

For help with registration and a step by step guide go to How do I eFile?

1. Go to the Commonwealth Courts Portal and select Start a new file.
2. Complete the online form. You will need to upload the following documents:
   • Application for consent orders
   • Proposed orders template (this template contains the proforma for the proposed orders. If you are seeking parenting orders you should also read the fact sheet Parenting Orders – obligations, consequences and who can help
   • If seeking parenting orders - Notice of child abuse, family violence or risk
   • If seeking superannuation orders:
     1. Proof of value (latest member statement).
     2. Payment flag order/agreement
   • A copy of the orders if the application seeks to vary or discharge an existing order.
   • A de facto registration certificate (if applicable).

Follow the instructions on the Application for consent orders kit to help you file your application. You will need to file the original plus a copy for any party of the following at a court registry:

• Application for consent orders
• Proposed orders template (this template contains the proforma for the proposed orders.  If you are seeking parenting orders you should also read the fact sheet Parenting Orders – obligations, consequences and who can help.
• If seeking parenting orders - Notice of child abuse, family violence or risk
• If seeking superannuation orders:
  1. Proof of value (latest member statement).
  2. Payment flag order/agreement
• A copy of the orders if the application seeks to vary or discharge an existing order.
• A de facto registration certificate (if applicable).

You will be required to pay a filing fee unless you are eligible for an exemption. For more information, see Fees. The amount of the fee depends on what type of orders you seek. Fees are payable at the time of filing. 

If you electronically file the application you will be required to pay the filing fee by credit/debit card (visa/mastercard) when you complete the application.

If you file the application at a court registry you will need to pay the filing fee at the same time.

To find out if you are eligible for an exemption of fees refer to the Guidelines for fee exemption. 

If you are eligible for an exemption you will be required to provide documentary evidence e.g. health care card when you file the application.  

• If you electronically file you will be asked to confirm you are eligible in Part 1 of the application and to upload the documentary evidence at Part 2.
• If you are unable to electronically file you must file the Application for exemption from fees – General together with the documentary evidence e.g. both sides of your health care card with the Initiating application.

If you are not eligible, but paying the fee will cause you financial hardship you can apply for an exemption due to financial hardship.

• If you electronically file you will be asked to confirm you are eligible in Part 1 of the application and to upload the Application for exemption from fees – Financial hardship at Part 2. 
• If you are unable to electronically file you must file the Application for exemption from Fees – Financial hardship with the Initiating application. 

If you eFile an Application for consent orders, you will be able to go into the portal and print a sealed copy for your record.

If you lodge an application for consent orders with a registry, sealed copies of the application will be available on the Commonwealth Courts Portal once the documents are accepted for filing. You will be notified by email once the application has been filed and provided with the file number. If you are not registered on the portal, see How do I eFile? for help with registration and a step by step guide. Each party should have their own portal registration.

The application will be considered and if orders are made, sealed orders will become available on the portal to download. If the court declines to make the orders you will be notified and you should obtain legal advice. If you wish to follow up on the consent orders application you can email the Court directly where the application was filed. All court registries have a generic email addresses. Type the name of the registry where your matter is being heard then @fcfcoa.gov.au  (an example is sydney@fcfcoa.gov.au). When you contact a registry you should provide your full name, date of birth, the name of the other party and your file number (if known).

• To download the application from the portal once it is filed, go Documents Filed
• Click on the PDF icon to download and print out a sealed copy for your records, if required.