Initiating Application or Response (Property or Parenting):
Statement of Orders Sought

LSP17

Download as PDF

Why might I need this?

You have decided to start a case to obtain property or parenting orders from the family court. You don’t have a lawyer to represent you: you are a self-represented litigant. Like many self-represented litigants, you have also decided to prepare the documentation yourself. But you are not sure what to put in the sections of the Application or Response that asks you to list ‘Final, Interim or Procedural Orders sought’. You expect they are rather important. You are right.

The statement of orders sought tells the court precisely what you are asking for. Although the court sometimes does make orders you didn’t think of, its basic task is to assess whether there is evidence to support it making the orders you’ve applied for in the light of the relevant law. If you are not clear in your ‘orders sought’, or if they are not sustainable at law or supported by the evidence you bring, the court may consider that your Application or Response lacks legal merit. And you won’t succeed.

Service description

We review your responses to the content of our parenting or property settlement questionnaire and take additional instructions from you during consultation. We draft a detailed, fully customised statement of the interim and/or final ‘orders sought’, using clear, legal language and comprehensive coverage of the legal issues. The draft will be made ready for you to drop directly into the relevant sections of your Initiating Application or Response.

What benefits will I receive?

A clear statement of the orders that you want the court to make is the best definition of, and a significant investment towards achievement of, your desired parenting or property outcomes in litigation.

  • Better prospects for early resolution by negotiation: your position as stated in the ‘orders sought’ provides a basis for negotiation
  • The statement reads as a clear and determined expression of intention to the other party
  • The statement will suggest the legal issues for you to address in your affidavit
  • Less time spent on the complexities of drafting
  • Understanding about relevant legal procedure, court procedure and law
  • Additional content that you would not have considered

Service summary

We provide:

  • A 1-hour audio-visual or audio-only consultation with a Tribe family lawyer
  • Draft statement of final and/or interim orders for insertion into your draft Initiating Application or Response
  • Checklist for e-filing
  • Personalised action checklist.

Your responsibilities:

  • Pre-consultation completion of our Property Settlement and/or Parenting Questionnaire
  • Provision of additional information as requested
  • Prepare the balance of the Initiating Application or Response and other required documents
  • Arrange for proper execution of documents.
  • File all documents in court
  • Represent yourself in the case

Fees

$950