Application - Contravention
This is a mandatory form.*
You use it if you want to seek an order from the Court imposing a punishment or another consequence on a person for the breach of a Court order.
It is used for an application alleging a breach of a parenting order under Division 13A of Part VII of the Family Law Act, or an order not affecting children, for example a property order under Part XIII of the Family Law Act.
Before filing an Application - Contravention, you should consider the result that you want to achieve. The remedies available from the Court range from the enforcement of an order to the punishment of a person for failure to obey an order. For example, the court may make an order that:
- ensures the resumption of the arrangements set out in an earlier order;
- compensates a person for lost contact time;
- varies an existing order;
- puts a person on notice that if the person does not comply with an order, the person will be punished;
- or punishes a person by way of a fine or imprisonment.
If you don't actually want the other party punished (eg. fined or imprisoned) for the breach but rather want a speedy remedy to ensure the resumption of the arrangements set out in an earlier order, you may be able to file an Application in a Case rather than an Application - Contravention. You should seek legal advice before filing an Application - Contravention.
Have you read the Compulsory Dispute Resolution brochure? If you are considering filing an application for parenting orders, please read the brochure first. Failure to do so may result in your application not being accepted for filing.
Number of copies of the form for filing, service and yourself
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.
What you file with this form
The order, agreement or undertaking that you allege has been breached.
A valid s.60I certificate or Affidavit of Non-Filing of Family Dispute Resolution Certificate (if seeking an exemption from the dispute resolution process). s.60I certificates are valid for 12 months from the latest family dispute resolution or attempted resolution - see r.26(1) of Family Law (Family Dispute Resolution Practitioners) Regulations 2008. If your application relates to an existing order that was made within the last 12 months and there are reasonable grounds to believe that the person who has allegedly contravened the order has behaved in a way that shows a serious disregard for his or her obligations under that order you should file an Affidavit of Non-Filing of Family Dispute Resolution Certificate.
Who you serve
How you serve this form
By special service. The Service Kit provides instructions on how to do this.
What is filed in response
There is no form to respond to an Application - Contravention, however the other person may file an application seeking a variation of the order that it is alleged has been breached.
The relevant legislation is Chapter 21 of the Family Law Rules 2004
The Application in a case gives more information about an urgent application or an application during a case.
In completing a Court form, you must*
Complete the form by typing (eg. on a computer or typewriter) or hand printed in ink.Back to top
Are you having trouble understanding legal words used in this form?
You can find more information about legal words used in this form in the following locations:
Legal words used in court (Family Law Courts brochure)
LawTermFinder - online help with legal terms
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