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This case involves an unsuccessful appeal of property orders made by consent where the appeal court dismissed the appellant's case for those orders to be set aside.
Final orders were made by consent on the first day of a four day trial. The appellant was dissatisfied with many aspects of the final property orders and attempted to appeal the orders.
The court on appeal outlined the relevant principles stating:
It is no objection to an appeal the orders subject to challenge were made by consent... An order derives its force from the circumstance that is a valid order made by the court, not from the agreement of the parties. Consent orders cannot be challenged on the basis of their correctness (or their merits), nor will a court enquire whether the orders reflect the intention of the parties...
The appeal court turned to the transcript of the day that the final orders were made by the court to address the issues raised by the appellant , noting each party's (through their legal representatives) satisfaction with the appropriateness of the orders and there being 'full-agreement'.
The court dismissed the appellant's appeal.
This case forms an important reminder to both litigants and practitioners to carefully consider consent orders prior to them being submitted to the court, even when under the stressors of trial. It also reflects the importance of submissions made at the time of the consent orders and the importance for practitioners to outline to the extent possible the circumstances for each party agreeing to the orders (and addressing factors of justice and equity).
Consent orders, once entered are not easily altered particularly in the absence of agreement and warrants careful consideration and appropriate legal advice based on individual circumstances.
Couldrey & Sedgwick [2025] FedCFamC1A 125
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
