Family Law Forms
Initiating Application (Located on the Family Law Courts web site)
When is this form used?
This form is used when seeking parenting and financial orders under the Family Law Act 1975.
What else is filed with this form?
An affidavit; see Rule 4.05.
If financial orders are sought, a financial statement or affidavit of financial circumstances; see Subrule 24.02(1).
And where a superannuation interest is identified, a superannuation information form; Subrule 24.02(2).
Note - Commencing 1 March 2008, the Federal Magistrates Court of Australia will be adopting the
same processes as the Family Court of Australia for the filing of applications for an order under
Part VII of the Family Law Act 1975. This means that a certificate will be required at the point of
filing unless an exemption has been granted by a Registrar.
To apply for an exemption, the applicant must either include the reasons for the exemption in
the affidavit filed in support of their application or file an Affidavit - Non-Filing of Dispute Resolution
Certificate (Located on the Family Court of Australia web site).
If the factual basis for the exception is included in the affidavit, there will need to be some identification of those paragraphs to assist the Registrar in making a determination.
Where the exemption relied upon relates to family violence or child abuse, the applicant may
need to obtain information about the services and options available in circumstances or abuse or violence and provide a written acknowledgement of receiving that information. In these circumstances, the applicant can either include the details in the affidavit filed in support of their
application or file an Acknowledgment - Information from a Family Counsellor or Family Dispute
Resolution Practitioner (Located on the Family Court of Australia web site).
What is filed in response?
Response
An affidavit; see Rule 4.05.
Contravention of an order
Form 18 – Application Contravention (Located on the Family Court web site)
See also the Compliance with Parenting Orders fact sheet (Located on the Family Law Courts web site)
Enforcement of Financial Orders and Obligations
Enforcement Warrant – Seizure and Sale of Property,
Third Party Debt Notice
Note: If for any reason you can not access these forms, please call or visit the Court. Click here for contact details.
Forms approved by the Chief Federal Magistrate, pursuant to Subrule 2.04
(1a) of the Federal Magistrates Court Rules 2001 – from 11 July 2011
Family Law |
Initiating Application (family law)
(Varied to include de facto provisions from 1 March 2009
|
Subrule 4.01(1) |
Approved form |
Joint FMC & FCoA pilot form |
What else is filed?
Supporting Affidavit
If parenting then also:
s.601 certificate, or, if seeking exemption by way of, either:
- the affidavit filed with application pursuant to Rule 4.05 Federal Magistrates Court Rules 2001; or
- the pro-forma affidavit approved for use pursuant to the Family Law Rules 2004 Affidavit – Non-Filing of Dispute Resolution Certificate
If the factual basis for the exception is included in the affidavit filed pursuant to Rule 4.05, there will need to be some identification of those paragraphs to assist the Registrar in making a determination.
If property then also:
Financial Statement or Affidavit of financial circumstances (Rule 24.02(1))
Superannuation Information Form (if applicant has a superannuation interest) (Rule 24.02(2)) |
Response |
Subrule 4.03(1) |
Approved form |
As previously prescribed in Part 1 of Schedule 2 of the Rules |
Form 4: Notice of Child Abuse or Family Violence |
Schedule 3, Part 1
Subrule 2.04(1) Family Law Rules 2004 |
Approved for use |
FCoA form |
Financial Statement |
Paragraph 24.02(1)(a) |
Approved for use |
FCoA Form
Also note paragraph 24.02(1)(b) which allows for an affidavit of financial circumstances |
Application - Contravention |
Subrule 25B.02(1) |
Approved for use |
FCoA form |
Superannuation Information Form |
Subrule 24.02(2) |
Approved for use |
FCoA form |
Application – Draft Consent Parenting Orders and allegations of abuse or family violence |
Rule
13.04A |
Approved for use |
|
Enforcement Warrant – Seizure & Sale of Property |
Rule 25B.22 |
Approved form |
Joint FCoA and FMC form |
Third Party Debt Notice |
|
Approved form |
Joint FCoA and FMC form |
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