Parties may request the President of The Law Society of New South Wales to appoint an independent solicitor to act on the sale of former matrimonial property pursuant to the relevant Terms of Settlement or Consent Orders. The Presidential appointment of an independent solicitor may also be requested when a case guardian is required for a party to a family law proceeding.

The request can be made via a consensus position between the parties or pursuant to Consent Orders or Terms of Settlement.

The requests for the Presidential appointment of an independent solicitor should be made in writing and should include, if relevant, a copy of the Order or Terms allowing the President of The Law Society of New South Wales to make the appointment.

Under the relevant Consent Orders or Terms of Settlement, the President’s role is to simply appoint a suitably qualified solicitor. The appointed independent solicitor then sets his or her own fees and invoices the parties directly.

The party requesting the nomination must pay a non-refundable administration fee of $660.00 (including GST). If both parties agree to the nomination, the administration fee may be shared equally between them.

The independent solicitor then sets his or her own fees and invoices the parties directly