Arbitration offers an alternative pathway for resolving disputes within the framework of family law proceedings, blending efficiency and flexibility while respecting the consent of the involved parties. Under the Family Law Act 1975 (Cth), Section 13E empowers the Family Court to refer matters to arbitration with the parties' agreement, enabling a private arbitrator to adjudicate disputes outside the courtroom. This process, grounded in consent rather than judicial compulsion, provides a unique mechanism for dispute resolution. The legislation carefully delineates the...
Consent Orders in Family Law Matters - Australia According to the information provided by Adam Cooper in a paper he has delivered. Consent orders are a very useful means of obtaining orders from the Family Court in regard to property and children's matters. Consent orders carry many advantages, including the exemption in property matters for roll-over stamp duty and capital gains tax. Being an economical and less invasive means of resolution, an ability to divide superannuation interests between the parties,...
A Consent Order is a quickest and most cost-effective way to formalise an amicable property settlement agreement. If you and your former partner are able to reach an agreement as to how the property of the relationship is to be divided and, if that agreement is just and equitable, Consent Orders may be entered into. Consent Orders involve the filing of 2 separate documents, namely an Application for Consent Order (containing background information, the value of assets and liabilities, information regarding...