When entering into Consent Orders it is important to consider those Orders very carefully, especially any flow on effects.  In Palmisano & Angelov [2025] FedCFamC1A 166, a decision of His Honour, Austin J, considered an appeal filed by the father in respect of Consent Orders made by a Division 2 Judge, on 20 August 2025.  It would seem that the father had not properly considered the impact of the Orders upon arrangements for his time with an older child from a different relationship, not subject of these proceedings.

The Consent Orders provided for the child to spend time with the father, inter alia, on alternate weekends, school holidays and special occasions.  However, the father subsequently released that those times did not align with the time that his other son would spend with him.  Accordingly, he filed a Notice of Appeal and was required to show cause as to why the appeal should be allowed.

The father’s arguments centred essentially on two grounds being that the Orders were not properly explained to him before signing, and that he had received inadequate legal advice amounting to procedural unfairness.  The father was represented by Counsel at the time of making of the Consent Orders.

His Honour dismissed the appeal pursuant to s 46(2) and s 46(3) of the Federal Circuit and Family Court of Australia Act 2021 (Cth), on the basis that it had no reasonable prospects of success.  His Honour opined that in the circumstances the proper avenue for the father to pursue was via a complaint against his counsel, albeit that would not alter the outcome of the Consent Orders made.