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Fixed Fee Consent Order Template for Australia

Fixed Fee Consent Order Template for Australia

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Key Requirements PROMPT example:

Fixed Fee Consent Order

I need a Fixed Fee Consent Order for a family law property settlement matter, with a fixed fee of $5,000 for legal services, to be filed in March 2025, including specific provisions for staged payments and GST treatment.

What is a Fixed Fee Consent Order?

The Fixed Fee Consent Order is a specialized legal document used in Australian jurisdictions when parties seek to combine a fixed fee arrangement with court-endorsed orders. This document type is particularly valuable when parties want to establish certainty about both legal costs and outcomes simultaneously. It's commonly used in family law matters, property settlements, and various civil proceedings where parties have reached agreement and want to formalize it through court orders while also documenting the fixed fee arrangement for legal services. The document must comply with relevant court rules, the Legal Profession Uniform Law, and jurisdiction-specific requirements. It provides transparency in legal costs while offering the security of court-endorsed orders, making it an efficient tool for resolving legal matters by consent.

What sections should be included in a Fixed Fee Consent Order?

1. Parties: Identifies all parties to the consent order, including full legal names and designations

2. Background: Brief context of the matter and circumstances leading to the consent order

3. Definitions: Key terms used throughout the document

4. Fixed Fee Agreement: Details of the agreed fixed fee arrangement, including amount and scope of services

5. Orders Sought: Clear statement of the specific orders being sought by consent

6. Payment Terms: Timeline and method of payment for the fixed fee

7. Acknowledgment: Parties' acknowledgment of understanding and agreement to the terms

8. Execution: Formal signing section for all parties and their legal representatives

What sections are optional to include in a Fixed Fee Consent Order?

1. Dispute Resolution: Include when parties want to specify process for resolving any disputes about the fixed fee or services

2. Termination: Include when parties want to specify circumstances where the agreement can be terminated

3. Confidentiality: Include when sensitive information needs to be protected

4. GST and Taxation: Include when specific tax arrangements need to be documented

5. Third Party Rights: Include when the orders affect rights of parties not directly involved in the consent order

What schedules should be included in a Fixed Fee Consent Order?

1. Schedule A - Scope of Services: Detailed breakdown of legal services covered under the fixed fee

2. Schedule B - Fee Structure: Itemized breakdown of the fixed fee components

3. Schedule C - Supporting Documents: List of all documents filed in support of the consent order

4. Appendix 1 - Court Forms: Required court forms completed and ready for filing

5. Appendix 2 - Related Orders: Copies of any related or previous orders relevant to this consent order

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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