Initiating application kit
A joint ‘Initiating Application (Family Law)’ is being piloted by the Family Law Courts as part of the Combined Registry program. The Family Court is also piloting a new response to the application.
Under the pilot, clients can file the ‘Initiating Application (Family Law)’ to seek final and interim orders in either court when interim orders are filed at the same time as final orders in family law matters.
If using the ‘Initiating Application (Family Law)’ in the Family Court, respondents must use the ‘Response to Initiating Application’.
If using the ‘Initiating Application (Family Law)’ in the Federal Magistrates Court, respondents must use the current FMC Response form.
You may still file the Family Court or Federal Magistrates Courts’ prescribed forms if you prefer.
Lawyers can get unlocked versions of these forms by emailing communications.office@familycourt.gov.au or customer.service@fmc.gov.au
The following table summarises which forms can be used in which court during the trial.
| Form/Kit | Court | Response | Subsequent interim applications |
| 1. Trial ‘Initiating Application (Family Law)’ | Family Court | Trial ‘Response to Initiating Application’ | Application in a Case and Response to an Application in a Case |
| Federal Magistrates Court | FMC Response form | FMC Application |
| 2. Application for Final Orders
| Family Court | Family Court Response to an Application for Final Orders (Form 1A) | Family Court Application in a Case and Response to an Application in a Case |
| 3. Application | Federal Magistrates Court | FMC Response form | FMC Application |
The ‘Initiating Application (Family Law)’ may be used to seek final and interim orders where Application for Final Orders and Application in a Case are presently required under the Family Court of Australia’s Family Law Rules 2004. Use of the form is permitted by Practice Direction 4 of 2006.
It may be used to begin family law proceedings in the Federal Magistrates Court where the ‘Application’ form is presently required under the Federal Magistrates Court of Australia Rules 2001. Use of this form is permitted by Practice Direction 1 of 2006.
The ‘Response to Initiating Application’ will replace the Family Court’s ‘Response to an Application for Final Orders’ and ‘Response to an Application in a Case’.
In the Family Court, if the new documents are used the existing Application in a Case and Response to an Application in a Case should be used for any subsequent interim application that may be made in the case. The existing Application should be used in the Federal Magistrates Court.
There will be no Rule changes until the trial has been completed and appropriate consultation and evaluation has taken place.
Clients can provide feedback on the trial forms by emailing enquiries@familylawcourts.gov.au
The new forms are also available by calling 1300 352 000, emailing enquiries@familylawcourts.gov.au or visiting any family law registry.