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Can an initiating appliation be cancelled

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Hi there, if I'm the applicant on an initiating application and we've had our first hearing, what's the process for stopping the current process and just getting consent orders signed off?  Also, if the respondent had an order for costs in their response, will the fact that I've cancelled the court process give them a viable reason to pursue costs? Thanks.
I think if parties come to an agreement, sign and lodge consent orders with the court and they approve them, then that automatically stops the court process.

With out it going to trial, I don't see how costs could be awarded against you. The court encourages people to make consent orders, they can be lodged right up until a trial starts.
The orders by consent will probably be the subject of the next hearing. Cost matters can be included in these orders.
Oh ok, so if the consent orders will be dealt with at the next hearing, do I not do the balance sheet and financial questionnaire that we were meant to each prepare for this hearing?

And also, I just read one of the Family Law Rule and I'm worried that I need to do a reply to their response to my application…..if they sought completely different orders to mine, do I need to do a response and does anyone have a link to an example of a reply to a response to an initiating application (property):

FAMILY LAW RULES 2004 - REG 9.04

Applicant reply to Response to an Initiating Application (Family Law) (Reply)

An applicant must file a Reply if:



(a) in the Response to an Initiating Application (Family Law), the respondent seeks orders in a cause of action other than a cause of action mentioned in the application; and




(b) the applicant seeks:



(i) to oppose the orders sought in the Response to an Initiating Application (Family Law); or




(ii) different orders in the cause of action mentioned in the Response to an Initiating Application (Family Law).
Oh ok, so if the consent orders will be dealt with at the next hearing, do I not do the balance sheet and financial questionnaire that we were meant to each prepare for this hearing?

And also, I just read one of the Family Law Rule and I'm worried that I need to do a reply to their response to my application…..if they sought completely different orders to mine, do I need to do a response and does anyone have a link to an example of a reply to a response to an initiating application (property):

I am confused just to check i have the situation right, you and your ex are now in agreement and want to lodge consent orders?

In regards to whether or not you need to reply to her response, or still fill in the questionnaire ect you could call the court hotline and ask, they will instruct you. I am not sure if they would just except a filled in and signed Application for Consent Orders instead.

If you are required to file a response then you could respond by changing any prior orders you asked for in your in your initiating application, to reflect what is in the consent orders you both have agreed on.
Frenzy, it sounds like what Mon is saying is that the other party is seeking orders that re completely different to the orders Mon proposed. If that's the case, this is not going to be simply a matter of signing off on consent orders. The parties will either need to come to an agreement about which clauses they are willing to compromise on pre-trial, or this will be a matter for the courts to decide. Unless Mon is ready to accept the orders the other party has proposed as they stand.  
Sorry for the confusion. I'll hopefully explain better:

I filed an initiating application with an order (I requested a dollar figure for settlement - and it was a starting point for negotiations).

My ex filed a response to my application with completely different orders (ie. 100% to them nothing to me) including a costs order.

After the initial hearing, at which we still didn't agree so another hearing date has been set, my ex has verbally made an offer, that is  different to my order  and completely different to their response orders.

I suggested if it was a serious offer we write it up as consent orders and my ex said for me to do that.  However, I'm really suspicious - something is not sitting right (particularly given the fact they smirked when they said the amount the first time). Why would they be saying 0 one day and the next day a sum that is much higher than their response orders?    And what happens with their order that I pay their legal costs if we end up just doing consent orders?

How do you work out marital assets when you don't know what a property will sell for?  Can one party use up marital assets on legal fees?
Legal fees are normally 'add back' material. That is to say they get added back in to the asset pool. So if your ex spent $50,000 on lawyers (salt of the earth people), this would get nominally added back in to the asset pool even though in reality it does not exist.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
However, I'm really suspicious - something is not sitting right (particularly given the fact they smirked when they said the amount the first time).
Are you sure of her financial circumstances and she is not hiding something?

I suggested if it was a serious offer we write it up as consent orders and my ex said for me to do that.
Bit odd she is the one that has come up with the offer, but she wants you to draw it up.

There is a consent order kit available on the family law court website, have you looked at? http://www.familylawcourts.gov.au/wps/wcm/resources/file/eb705c46e592715/Consent_Orders_KIT_141210V3.pdf. You could call the court and ask if this is the applicable form you need to fill in and have your ex sign to get the orders stamped by court (I think it may be).

There is nothing to stop her re-nigging on her verbal agreement until the consent orders are lodged in court. Hope it's just not some stall tactic on her part. Hopefully her offer is fair & genuine .

Are you self representing, does she have legal counsel? If you have not obtained legal advice on the consent orders she has proposed, then you need to do so. The court will ask you to declare when consenting to order that you have had independent legal advice before signing.

If there is nothing drawn up in the consent orders themselves saying one party must pay the others legal costs, then I presume each partie will bear their own costs. The orders you consent to and you both sign, and if excepted by the court are the only ones a court can enforce. Get legal advice before agreeing to anything.
My ex is represented but I'm not but have been getting legal advice along the way to ensure I'm doing everything correctly.

The only thing I can think of that's stopping my ex from getting the consent orders drawn up (and why  they'd rather I do it) is that they've now realised how much their lawyer charges for every little thing….that's just a guess. Thank you for the suggestions so far.
Mon said
My ex is represented but I'm not but have been getting legal advice along the way to ensure I'm doing everything correctly.

The only thing I can think of that's stopping my ex from getting the consent orders drawn up (and why they'd rather I do it) is that they've now realised how much their lawyer charges for every little thing….that's just a guess.Thank you for the suggestions so far.
SRL's generally cannot claim any costs or if they are; claim minimal costs at best. The normal rule is that each party bears their own costs unless there is a contravention hearing and there is a contravention but then there is sufficient evidence that the contravention had a reasonable excuse. When I mean bear their own costs Monti has already discussed this … in that these costs usually come out of the separate pool. That is she will bear her legal costs from her pool. NOT from your pool. You each bear your own costs. Your costs are less than hers because you decided to run matters yourself. She decided to take quality legal advice from professionals which costs significant money. That is her choice and she has to accept that she must pay those costs.

You can discontinue at any time and there is a form for that, The court likes orders by consent where the parties can work things out. They will provide services to help you do that also.

I cannot see how you have consent orders and your orders are "different" from hers… Either you BOTH agree to one set of orders or you don't. You hand them up and the court agrees or not to them as the case may be. It seems to me there is no agreement at this stage and that there is still discussion going on.

Have you written up the consent orders? Yes if so does she agree?

If not why not and get those particular orders she does not agree with amended. Agreement means just that you BOTH have to agree.


Executive Secretary - Shared Parenting Council of Australia
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I really must not be explaining myself properly - sorry.

We don't have consent orders yet.

I initiated proceedings by lodging an initiating application.

My ex responded - their orders were different to mine plus their orders included an order for me to pay their legal fees as they are represented.

Suddenly, after the first hearing, my ex is almost agreeing to my orders of a particular figure but a little lower and wants to settle it out of court. I might agree to that figure if it's a genuine offer.

I suggested consent orders and they asked if I could write them up  as they didn't know how consent orders worked (mind you, they have the legal representation I don't).

I am finding it a little bizarre that the day after the hearing my ex is suddenly coming to the party so to speak, when prior to that it was 100% to them and nothing to me. It just seems like a complete turn-around. And to be honest I'm not complaining, I'm just suspicious.

Is there the likelihood that if I don't accept their verbal offer, and just let it continue in court so that it is worked out fair & square, that I will have to pay their costs if i get awarded a lower percentage than what what they offered me?

Gee I hope I'm making sense this time.
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