Court Forms
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.
Note: in parenting proceedings in South Australia only from 4 February 2013 the Notice of Risk must be filed.
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 Circuit 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 email or visit the Court.
Forms approved by the Chief Judge, pursuant to Subrule 2.04 (1a) of the Federal Circuit Court Rules 2001 – from 11 July 2011
Family Law |
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Initiating Application (family law) |
Subrule 4.01(1) |
Approved form |
Joint FCC & FCoA pilot form |
What else is filed? If parenting then also:
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: |
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Subrule 4.03(1) |
Approved form |
As previously prescribed in Part 1 of Schedule 2 of the Rules |
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Notice of Child Abuse, Family Violence, or Risk of Family Violence (Form 4) Notice of Risk |
Schedule 3, Part 1 |
Approved for use |
FCoA form |
Paragraph 24.02(1)(a) |
Approved for use |
FCoA Form |
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Subrule 25B.02(1) |
Approved for use |
FCoA form |
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Subrule 24.02(2) |
Approved for use |
FCoA form |
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Application – Draft Consent Parenting Orders and allegations of abuse or family violence |
Rule 13.04A |
Approved for use |
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Rule 25B.22 |
Approved form |
Joint FCoA and FCC form |
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Approved form |
Joint FCoA and FCC form |
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Our assistance phone line is 1300 352 000
Our E-mail address for family law enquiries (including divorce) is enquiries@familylawcourts.gov.au
Our E-mail address for general federal law enquiries is customer.service@federalcircuitcourt.gov.au,
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Page Updated 12 April 2013