Have you made an agreement about property settlement, how to share your assets or deal with your business and debts with your separated husband, wife, or de facto?
Many of the applications in the Family Court of Western Australia are for Consent Orders. The cases that take up days and days of the court’s time are trial hearings, which can only occur after all other forms of appropriate dispute resolution have been attempted and have failed.
The form (form 11) that can assist a couple to get their agreement formalised is called an Application for Consent Orders and is available on the Family Court of Western Australia website.
Fixed Fee Pricing
Our clients benefit from greater certainty and peace of mind with Fixed Fee Pricing
We do not bill by the hour
Experience tells us that clients dislike the hourly rates regime which most lawyers still use, and prefer the certainty of fixed fees.
Click Here Couples with any complexity to their financial situation should get legal advice about their Application for Consent Orders, because making a mistake will often be more expensive than the cost of getting advice. A Minute of Consent Orders must be included in an Application for Consent Orders, setting out the orders the parties are asking the Court to make to formalise their deal. The Minute of Consent Orders should be carefully considered and drafted.
Generally, obtaining consent Orders for the transfer of property will give the party keeping the property an advantage, because the settlement of the property by court orders will mean that only nominal stamp duty is payable when the transfer is registered with Landgate.
What you think is fair might not be fair to you, or to the other party. There is a long list of factors that the Court must take into account, when deciding if your agreement is fair, i.e., whether it is “just and equitable” (Family Law Act Section 79 Family Court Act Section 205ZG).
At Bowen Buchbinder Vilensky a comprehensive assessment of your proposed deal is likely to take up to 45 minutes of legal time that will be charged at our one-off appointment fee of $440 including GST. If your matter requires more detailed attention than that or you would like assistance with the preparation of the court documents and negotiations with the other party, a fixed fee can be determined for that work and provided to you, which is an offer by us to complete a certain scope of work for you at a fixed cost.
Daniel Loreck
HEAD OF FAMILY LAW PRACTICE
David is also highly approachable which is important when dealing with lawyers. There are some lawyers who are so far up themselves that you hesitate to call them, but even though David is a brilliant lawyer, he is also very down to earth.
Les is a wonderful lawyer. He has an amazing grasp of the English language and is always polite and grounding to speak to. With Les there are never problems to which there aren't solutions. And he's always up for the challenge. More than this, and it may seem weird to say this, whenever I meet Les he makes me want to be a good man. He's a real humanitarian and inspires the best in me. For that reason I always look forward to seeing him again.
Les was very professional and always kept my interest at the forefront of his mind. He is thorough and clear in his communications. He is also very supportive and I like how he runs meetings, providing all the options and helping sort out which ones are for me.
I can honestly say that in complex commercial litigation matters, David demonstrates an uncanny ability to think clearly, out of the box, and he adopts a pragmatic and very cost-effective approach. This is especially the case in relation to fixed fee pricing.
