Notebook: Jobson v Clarke – Consent Orders in Family Provision Applications

Jobson v Clarke [2021] QDC 320

This judgment from the District Court of Queensland concerns a family provision application where the respondents required an extension to file their affidavit. The core issue was whether a registrar or a judge should approve consensual variations to directions orders in such applications. The judge ruled that, per the relevant rules and practice directions, registrars possess the authority to approve such consented variations as they are procedural in nature, not substantive orders. The decision clarifies the procedure, aiming to increase efficiency in family provision cases. The judge also emphasised the importance of parties adhering to court directions.