This guide covers property and financial consent orders in the Federal Circuit and Family Court of Australia and in the Family Court of Western Australia. It is general information, not legal advice about your situation. For the whole process, see How to apply for consent orders, step by step. For the wider questions, see Consent Orders — the full FAQ.
What a requisition is
An Application for Consent Orders is decided on the papers. A registrar reads the application and the proposed orders, and you do not go to court unless asked to. The registrar can make the orders only if satisfied that they are just and equitable, and the documents are all the registrar has to go on.
After reading them, the registrar can:
- make the orders you asked for
- ask either of you for more information or amended documents
- in the Family Court of WA, list the application for a procedural hearing
- dismiss the application
The second of these is what lawyers and registries usually call a requisition. The court's own pages call it a request for more information or amended documents. It means the registrar cannot yet be satisfied on what has been filed. It does not mean the orders have been refused, and it does not mean your agreement is wrong.
The vast majority of consent orders are approved. A minority receive a request for further information.
Who sends it, in each court
| Federal Circuit and Family Court of Australia | Family Court of Western Australia | |
|---|---|---|
| Who reads the application | A judicial registrar | A registrar |
| How the request arrives | By email, asking for more information or amended documents | A notice sent to both parties requesting additional information |
| Where you file the answer | The Commonwealth Courts Portal, on the same file | The eCourts Portal, on the same file |
Both of you applied together, so both of you need to be involved in the answer, even if only one of you is named as the applicant.
Common reasons the court asks for more information
Requisitions usually come back to a handful of problems. Both courts publish a checklist of the questions people most often get wrong, and several of the reasons below come from it.
The form is incomplete
- A question that applies to you was left blank.
- An amount that is nothing was left blank or marked "N/A". Both courts' forms say to write NIL.
- A box in the Statement of Truth (Federal Circuit and Family Court) or the affidavit (Family Court of WA) was not marked. The federal court's checklist warns that the application may be rejected if every applicable box is not marked.
- A page was not signed by both of you, or a corrected version was filed without being signed again.
- A scanned page cannot be read.
The proposed orders are unclear or cannot be carried out
The orders must set out clearly what each of you will do. They are what the bank, the super fund and the land titles office will act on. Registrars often ask for orders to be redrafted where:
- an order could be read more than one way
- a property is to be transferred or refinanced, but there is no date and no fallback if it does not happen
- a property is not described as it appears on the certificate of title
- the numbering is wrong, or words from a template were left in
Financial information is missing or does not add up
- One of you did not complete your column of the financial part of the form.
- Total net worth (not counting super) was not worked out for each of you.
- Property bought, sold or spent since separation was not set out.
- An asset, debt, business or trust was left out.
- The figures in one part of the form do not match another part, or a schedule is referred to but not filed.
- The net value each of you will receive under the orders was not set out.
Superannuation paperwork is missing
A super split binds the trustee of the fund, so the court needs proof that the fund was told about it, and an up-to-date value. Common gaps:
- no proof of the current value of the interest being split (in WA, the last two member statements or a completed Superannuation Information Form)
- no letter from the fund saying it does not object, or, in WA, no copy of the notice sent to the fund with a note that it did not reply within 28 days
- the gross value of super each of you will receive, or the tax consequences of the split, not set out
- in the Federal Circuit and Family Court, no order giving each of you and the trustee liberty to apply about putting the super orders into effect
The split is not explained as just and equitable
Even when you both agree, the court must be satisfied that the orders are just and equitable. In deciding that, it looks at what each of you owns and owes, what each of you contributed, and your current and future circumstances. If the orders give one of you noticeably more, or include spouse or de facto maintenance, and nothing in the application explains why, the registrar is likely to ask. A common way to answer is a short written explanation, signed by both of you, of why the division is fair: for example, one of you made larger contributions, has already received a payment, or has the care of young children.
Western Australia: de facto evidence and jurisdiction
De facto couples applying in the Family Court of WA must file an affidavit giving evidence of the relationship. The court can make de facto property orders only if:
- at least one of you lived in WA on the day the application was made
- you both lived in WA for at least a third of the relationship, or the partner applying made substantial contributions in WA
- the relationship lasted at least 2 years, or there is a child of the relationship under 18 or the partner applying made substantial contributions, and in either of those last two cases failing to make the order would cause serious injustice
If the affidavit is missing or does not cover these points, expect a requisition. If one or both of you have moved out of WA, the registrar may question whether the court can make the orders at all. Get advice in that case. See Consent orders in WA.
Western Australia: certificates of title and other certificates
The Family Court of WA asks for copies of the certificate of title for any real estate being transferred, to confirm it is registered in the name of one or both of you. Married couples also file a copy of the marriage certificate and, if divorced, the divorce order.
A late application without the right paperwork
If you are applying more than 12 months after a divorce order took effect, or more than 2 years after a de facto relationship ended, the Federal Circuit and Family Court asks you to do two things: confirm at question 10A that you both consent to the application going ahead out of time, and include an order for leave to apply out of time as the first proposed order. If either is missing, the court may raise it, or may dismiss the application. See Time limits for property claims.
How to answer a requisition
- Read the whole letter or notice. List every item the registrar raises, and note the date by which you must answer.
- Talk to your former partner. The application is joint, and any change to the orders needs both of you to agree.
- Gather what is asked for, such as a super member statement, a copy of a certificate of title, or a written explanation.
- If the orders need to change, prepare an amended set. Both of you sign the new version, in the way your court requires for the original.
- If a change affects a super split, send the amended orders to the fund before you file them, and ask a lawyer whether a fresh notice period is needed.
- Answer in writing, in the way the letter or notice asks. File the documents through the court's portal, on the same court file. Some letters also ask you to email the notice back to the registry once every item is dealt with. Keep a copy of everything you send.
- If you cannot meet the date, contact the registry before it passes, using the contact details in the letter. Federal Circuit and Family Court registries can also be emailed at the registry name followed by @fcfcoa.gov.au.
Answer every item, not only the easy ones. Once you have answered, the registrar reads the application again. If something is still missing, the registrar can ask again, so a complete first answer is the quickest way to sealed orders.
How long you have to respond
The court rules and the courts' consent order pages do not set one standard period. The registrar's letter or notice says what is needed and by when, so read it carefully and work to that date. If you are not sure what the date is, or what an item means, contact the registry, or get legal advice, well before it passes.
What happens if you don't respond
If the information is not filed, the registrar can dismiss the application. The letter or notice usually warns that this can happen without further notice to you.
A dismissed application means:
- no orders are made, so nothing you agreed has the force of a court order
- to try again, you start a fresh application, with documents signed again by both of you
- a fresh application is a new filing, so the filing fee is ordinarily payable again (in the Family Court of WA, filing fees are not refundable)
- if time has passed in the meantime, you may now be outside the time limit. A late application can still go ahead if you both consent, and in the Federal Circuit and Family Court you also include an order for leave
How to avoid a requisition
Before you sign and file, check that:
- every question that applies to either of you is answered, and every nil amount says NIL
- both of you have completed your own column of the financial part, and the totals add up
- the net value each of you will receive is set out, and the split is explained if it is not close to even
- each order is in its own numbered paragraph, says who does what and by when, and describes property as it appears on the title
- for a super split: a current value, the fund's response or (in WA) proof that it did not reply, the gross values and the tax consequences
- in WA: copies of the certificates of title, and for de facto couples the affidavit about your relationship
- every box in the Statement of Truth or affidavit that applies to you is marked, and every page is signed
- you file within 90 days of the first sworn signature
Both courts' checklists are worth working through line by line: the Federal Circuit and Family Court's consent orders kit and the Family Court of WA's applying for consent orders page.
When to get help
A requisition about a missing page or a blank box is usually simple to fix yourselves. Get legal advice if:
- the registrar questions whether the split is just and equitable
- the orders need to be redrafted, especially orders about a property transfer, a refinance or super
- you are a de facto couple in WA and the registrar questions jurisdiction, or one of you has left WA
- you have had more than one requisition on the same application
- the date to answer is close, or has passed
- you and your former partner do not agree on how to answer
Common questions
Is a requisition a refusal?
No. A refusal is a dismissal. A requisition means the registrar needs more before deciding, and the application stays open while you answer.
Will we have to go to court?
Usually not. You answer in writing. The registrar can ask you to attend, and in the Family Court of WA can list the application for a procedural hearing, but a requisition is usually dealt with on the papers.
Can the registrar change our orders?
The registrar can make the orders you asked for, ask for more information, or dismiss the application. If the registrar is concerned about the wording or the fairness of an order, the requisition will say so, and it is for the two of you to decide whether to amend the orders and sign them again.
Can there be more than one requisition?
Yes. The court can ask for more information at any time before it decides the application. A complete answer the first time is the best way to avoid a second.
Our application was filed without a lawyer and has come back. Can someone take it over?
Yes. A lawyer can act for you on the application you already filed, answer the requisition and redraft the documents if needed. Lawcaptain can take over an application you lodged yourselves. Use the instant price to see what it would cost.
Still have questions?
Three ways to talk to us. Free discussion, no obligation.