Response to initiating application (Do it yourself kit)
This form is used by the respondent/s named in an Initiating Application. By using this form the respondent either opposes the orders sought or asks the Court to make other orders.
- You must file this form and all accompanying documents at least 7 days before the Court date shown on page one of the Initiating Application.
- You will need to file an affidavit with this form:
- if you are responding to the interim or procedural orders sought in the Initiating Application or seeking other interim or procedural orders (see Rule 9.02 of the Family Law Rules 2004); or
- If required by a Rule which deals with a particular application or circumstance. For example see Rules 2.02 and 2.04D of the Family Law Rules 2004.
A form of affidavit in support of an application for interim parenting orders is available on the forms page or from any family law registry.
- For property and/or maintenance applications, you must file a Financial Statement with this response, available on the forms page or from any family law registry.
- If you are seeking a Part VII order in relation to a child and you allege that there has been abuse of a child or family violence, or that there is a risk of abuse of a child or family violence, and the allegations of abuse, family violence or risk of abuse or family violence are relevant to whether the Court should grant or refuse the application, you must file a Family Court Notice of Child Abuse, Family Violence, or Risk of Family Violence (Form 4), available on the forms page or from any family law registry – together with an affidavit setting out the evidence on which the allegations are based.
- You must file other documents, as required, depending on the orders you seek (see Rules .02 and 4.18 of the Family Law Rules 2004).
- You must serve on all other parties copies of the documents filed, at least 7 days before the Court date shown on page one of the Initiating Application.
The Response to Initiating application can now be electronically filed through the Commonwealth Courts Portal (www.comcourts.gov.au).
The filing fee depends on the type of orders you seek. For information on Court fees, see the Court Fees brochure.
How to serve this form on the other party
The completed and signed original of the form is filed at the Court. Before you file it you must also make sufficient copies to have one for each person to be served and a copy for your own records.
See the Service Kit for information and instructions on how to carry out service.Back to top