Initiating Application

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: Any person who files an Initiating Application seeking parenting orders must also file a Notice of Risk.

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.

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

Application Contravention
See also the Compliance with Parenting Orders fact sheet

Enforcement of Financial Orders and Obligations

Enforcement Warrant – Seizure and Sale of Property
Third Party Debt Notice

Forms approved by the Chief Judge, pursuant to Subrule 2.04 (1a) of the Federal Circuit Court Rules 2001 – from 12 January 2015

Family Law

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

Subrule 4.01(1)

Approved form

Joint FCC & FCoA pilot form

What else is filed?
Supporting Affidavit

If parenting

  • Notice of Risk
  • 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

As previously prescribed in Part 1 of Schedule 2 of the Rules

Notice of Risk

Rule 22A.02

Prescribed 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 and Sale of Property
 
Rule 25B.22 Approved form Joint FCoA and FCC form
Third Party Debt Notice   Approved form Joint FCoA and FCC form

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Are you having trouble understanding legal words used in these forms?

NOTE: LawTermFinder allows searches in the following languages: العربية | Arabic, 简体中文 | Simplified Chinese, 繁體中文 | Traditional Chinese,
한국어 | Korean, Español | Spanish, Tiếng Việt | Vietnamese.