Court Forms

Application Subrule 4.01(1)

Commencing proceedings in the Federal Circuit Court:

• General Federal Law: Use Application–General Federal Law, other than those that have a separate application; for example, ADJR, bankruptcy, migration and industrial (see federal law section over). 
• Family Law: Use Initiating Application (family law), including certain child support application; (see family law section over).

Interlocutory, interim or procedural orders after commencement:

• Use Application in a Case where orders are sought after an initiating application has already been filed.

Urgent application Rule 5.02
Unless otherwise ordered, an urgent application must be made in the form approved for the purpose of starting a proceeding under Subrule 4.01(1) or an application in a case under Subrule 4.08(1). In practice, use the form approved for use to commence proceedings, and where orders are sought after commencement use an Application in a Case.

MISCELLANEOUS
For the purpose of the Federal Circuit Court Rules below, use an Application-General Federal Law or Initiating Application (family law) where relief is sought at the commencement of proceedings.

Where relief is sought after commencement, use an Application in a Case: Rule 13.09 Paragraph 19.02 (2)(a), Subrule 21.1.(3) Subrule 25.16(1) and Rule 25B.07.

For a response to a cross-claim use a Response-General Federal Law or a Response in family law proceedings, Subrule 28.05(1).

Application in a Case

Subrule 4.08(1)

Approved form

Response

Subrule 4.03(1)

Approved form

Family Law: Use FCC Response
General Federal Law: Use Response-General Federal Law

Reply

Subrule 4.07(1)

Approved form

Notice of address for service

Paragraph 6.01(2)(b)
Subrule 9.01(4)
Subrule 9.02(4)

Approved form

Notice of a Constitutional Matter under s.78B Judiciary Act 1903

Subrule 10.06(2)

Approved for use

Federal Court form

Notice of intention to withdraw as lawyer

Subrule 9.03(3)

Approved form

Notice of withdrawal as lawyer

Subrule 9.03(1)

Approved form

Notice to admit facts

Subrule 15.31(1)

Approved form

Notice of discontinuance

Subrule 13.01(1)

Approved form

Subpoena

Notice of Request to Inspect

Subrule 15A.02(2)
15A13(1)(c)

Approved form
Approved Form

Application for Review

Subrule 20.02(1)

Approved form

Affidavit of Service

Rule 6.05

Approved as a form which may be used

Application – General Federal Law Subrule4.01(1)
Approved form – For use where no other specific application is approved

Response – General Federal Law Subrule4.03(1)
Approved form - For use where no other specific application is approved

Applicant's Genuine Steps statement subrule 4.09(1)
Approved form as required by section 6 of the Civil Dispute Resolution Act 2011 for certain proceedings (see Part 4 of the Act for excluded proceedings).

Respondent's Genuine Steps statement subrule 4.10(1)
Approved form as required by section 6 of the Civil Dispute Resolution Act 20112011 for certain proceedings (see Part 4 of the Act for excluded proceedings).

Form 66– Application for an order of Review under ADJR

Form 68 – Notice of objection to competency

Subrule 42.02(1)

Subrule
42.06(1)

Approved for use

Approved for use

Federal Court form

Federal Court form

What else is filed?
An affidavit or statement of claim or points of claim; see Subrule 4.05(1) and (2)
Also must provide the Court with a copy of the decision and any statement of reasons for the decision
What is filed in response?
Response – General Federal Law
An affidavit or defence or points of defence; see Subrule 4.05(3)

Form 75 – Notice of Appeal (filed in the Federal Court and transferred to the Federal Circuit Court)

Subrule 43.01

Rule 33.12 of the Federal Court Rules

Federal Court form 

Form 76 – Notice of Cross Appeal

Form 77 – Notice of Contention

Subrule 43.04(2)

Rule 43.05

Approved for use

Approved for use

Federal Court form

Federal Court form

Application – General Federal Law

Subrule 4.01(1)

Approved form

What else is filed?
An affidavit or statement of claim or points of claim; see Subrule 4.05(1) and (2)
What is filed in response?
Response – General Federal Law
An affidavit or defence or points of defence; see Subrule 4.05(3)

Bankruptcy

Forms 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17

Schedule 1, Federal Circuit Court (Bankruptcy) Rules 2006

Forms prescribed in Schedule 1

Consumer Law  

Application – General Federal Law

Subrule 4.01(1)

Approved form

What else is filed?
An affidavit or statement of claim or points of claim; see Subrule 4.05(1) and (2)
What is filed in response?
Response – General Federal Law
An affidavit or defence or points of defence; see Subrule 4.05(3)

Application – Human Rights – Application under Australian Human Rights Commission Act alleging unlawful discrimination

Subrule 41.02A(1)

Approved form

Response – Human Rights – Response to application under  Australian Human Rights Commission Act alleging unlawful discrimination

Subrule 41.04(1)

Approved form

What else is filed?
Rule 4.05 does not apply to an application in the approved form; Subrule 41.02A(2)

Intellectual Property   

Applications under the Copyright Act
Applications, other than appeals, under the Trade Marks Act or Designs Act
Application – General Federal Law

Appeals from decisions of the Registrar of Trade Marks or the Registrar of Designs

Notice of Appeal (Intellectual Property)

Subrule 4.01(1)

Rule 34.24(1)
Federal Court
Rules 2011

Approved form

Approved for use

Federal Court form (Form 92)

What else is filed?
An affidavit or statement of claim or points of claim; see Subrule 4.05(1) and (2)
What is filed in response?
Response – General Federal Law
An affidavit or defence or points of defence; see Subrule 4.05(3)

Application under Migration Act
(varied in light of amendments to the Migration Act by way of the Migration Legislation Amendment Act 2009 (No 1) Approved 4 May 2009

Subrule 44.05(1)

Approved form

What else is filed?
An affidavit; see Subrule 44.05(2)
Also must provide the Court with a copy of the decision and any statement of reasons for the decision
What is filed in response?
Response – General Federal Law; see Subrule 44.06(1)  

Application – General Federal Law

Subrule 4.01(1)

Approved form

What else is filed?
An affidavit or statement of claim or points of claim; see Subrule 4.05(1) and (2)
What is filed in response?
Response – General Federal Law
An affidavit or defence or points of defence; see Subrule 4.05(3)

Initiating Application (family law)
(Varied to include de facto provisions from 1 March 2009)

Subrule 4.01(1)

Approved form

Joint FCC & FCoA 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 Circuit 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

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 for 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 for use

FCoA form

Third Party Debt Notice

Rule 25B.40

Approved for use

FCoA form

Initiating Application (family law)

Subrule 25A.02(1)

The FCC only has the power to hear certain type of child support matters directly. In these situations, use the Initiating Application (Family law).

What else is filed?
Financial Statement
Supporting Affidavit

Enforcement Proceedings

Application in a Case

Subrule 25B.09(2)(a)

What else is filed?
Supporting Affidavit

Enforcement Warrant – Seizure & Sale of Property

Rule 25B.22

Approved for use

FCoA form

Third Party Debt Notice

Rule 25B.40

Approved for use

FCoA form

Brochure

Enforcement Hearings

Subrule 25B.17(3)(b)

Approved Brochure

Notice of Appeal – Child Support

Subrule 25A.02(2)

Approved form

Approved form, primarily used in appealing a decision of the SSAT however can be used when seeking to appeal from a decision of the Child Support Registrar (CSR) to issue a departure prohibition order 

Brochure

Child Support  Applications

Subrule 25A.07(5)

Approved Brochure

What else is filed?
See Rule 25A.05
Also see requirement to serve a brochure called 'Child Support Applications' approved by the Chief Judge; Subrule 25A.07(5)

Application for Divorce

Subrule 25.01(1)

Approved form

What else is filed?

Marriage Certificate

In certain types of proceedings you may have to also file:

• Exemption form (if applicable)
• Translation of Marriage Certificate form (if applicable)
• Counselling certificate form (if applicable)
• Citizenship certificate form (if applicable)
• Affidavit(s) form (if applicable)

Response to Divorce

Rule 25.08
Subrule 25.09(1)

Approved form

Affidavit of Service by Post

Subrule 25.05(1)

Approved form

Affidavit of Service by Hand

Subrule 25.05(1)

Approved form

Acknowledgment of Service

Paragraph 25.03(a)
Subrule 25.04(1)

Approved form

Affidavit Proving Signature

Rule 25.07

Approved form

Notice of Discontinuance

Subrule 25.17(3)

Approved form

Affidavit for eFiling Application (Divorce)

Rule 2.05

Approved form

Brochure

Marriage familles and separation

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Separation/Marriage%2C+families+and+separation