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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43746
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My question at this stage, I am not happy with my consent

Customer Question

my question at this stage, I am not happy with my consent order which is already been stamped by the court I don't believe its fairly settled
JA: Since laws vary from place to place, what state is this in?
Customer: adelaide
JA: Has anything been filed or reported?
Customer: its been filed and stamped, the settlement was supposed to be 2 months ago but nothing is settled at this stage.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am just wondering if there is someone I can talk to if I can appeal it and make some changes to it,
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Did you have a solicitor act for you?

Customer: replied 7 months ago.
I had
Expert:  Leon replied 7 months ago.

Good Afternoon

The issue you have is they are consent orders and you cannot appeal them. You have to file a new application to have them varied. Having had a solicitor is not going to be in your favour because he should have advised you on them before you signed.

The court will want to know why you signed if you did not agree with them.

You will be starting again and seeking new orders and the current ones set aside or varied.

I hope this makes sense and is of assistance If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 7 months ago.
my ex-husband lawyer filed the consent order, and my lawyer I didn't feel that he fought hard enough for me.
but even though the consent order was made 2 months ago, at this moment nothing is settled yet.
is there anything I can do to change the order because the settlement is not settled.
Expert:  Leon replied 7 months ago.

Good Afternoon

The question is why did you sign them?

If the court has made the consent orders as far as the court is concerned it has settled.

You will have to file an new application to have them varied or set aside.

This is your only option.

Customer: replied 7 months ago.
I didn't signed any consent order its just stamp from the court, is that mean its all over.
Customer: replied 7 months ago.
I didn't filed it, it was done from Darwin and I'm in Adelaide
Expert:  Leon replied 7 months ago.

The court would not have made the orders unless you signed them or your solicitor signed them on your behalf.

Someone has to have signed them.

Expert:  Leon replied 7 months ago.

Good Morning.

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon