Initiating application
Use this form if you are seeking final orders. Interim or procedural orders can only be sought in this form if you (the applicant) are seeking final orders as well.
Do not use this form if you are filing an application for parenting orders, until you have read the Compulsory Dispute Resolution brochure(see related links). Failure to do so may result in your application not being accepted for filing.
What you need to file with this form
If you wish to file this application in the Federal Magistrates Court of Australia:
- You must also file an affidavit setting out the facts relied on (see Rule 4.05 of the Federal Magistrates Court Rules 2001). The affidavit must be in a separate document.
- If you are seeking orders for child support in the Federal Magistrates Court of Australia, other documents that must be filed with this application are set out in Rule 25A.02 of the Federal Magistrates Court Rules 2001.
If you wish to file this application in the Family Court of Australia:
- You can only file an application in the Family Court of Australia if it is either:
i. an application for annulment of marriage, for a declaration of validity of marriage or a divorce, for a special medical procedure or pursuant to the Hague Convention; or
ii. the issues in the case are of a complex nature requiring the determination of the Family Court of Australia.
- You have to file an affidavit:
a. if you are seeking interim or procedural orders (see Rule 5.02 of the Family Law Rules 2004).
b. if required by a Rule that deals with a particular application or circumstance. For example see Rule 2.02 of the Family Law Rules 2004.
- You may be required to file other documents with this application –see Rule 2.02 of the Family Law Rules 2004.
- If you are seeking orders for child support in the Family Court of Australia, other documents that must be filed with this application are set out in Rule 4.18 of the Family Law Rules 2004.
For all applications (in either the Family Court of Australia or the Federal Magistrates Court of Australia):
- If you are applying for an order under Part VII of the Family Law Act 1975 you must file a certificate given to you by a family dispute resolution practitioner under subsection 60I(9) of the Act unless no certificate is required because you say that paragraph 60I(9)(a), (b), (c), (d), (e) or (f) of the Act applies.
- If a certificate from a family dispute resolution practitioner is not required because paragraph 60I(9), (b), (c), (d), (e) or (f) of the Act applies, you can set out the factual basis of the exception claimed in the affidavit filed in support of an application or in a separate affidavit.
- 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 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 Form 4, Notice of Child Abuse or Family Violence.
- If you are seeking a Part VII order in relation to a child and section 60J(1) of the Act applies you must indicate in writing that you have received information from the family counsellor or family dispute resolution practitioner about the services and options (including alternatives to court action) available in circumstances of abuse or violence.
- For property and/or maintenance applications, you must file a Financial Statement with this application.
Filing fee
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.
Service is by ‘special service’, see the Service Kit for information and instructions on how to carry out special service.
What happens next?
If you do not want the court to make the orders sought in this application or if you want the court to make other orders, YOU MUST:
For proceedings in the Federal Magistrates Court of Australia
- file at the court a response, an affidavit and other relevant documents – including, in financial matters, a Financial Statement
- deliver a copy of the response, affidavit and other relevant documents to the applicant’s address for service within 14 days, and
- attend at the hearing. Please note: If you do not attend the hearing orders may be made in your absence.
For proceedings in the Family Court of Australia
- within 14 days of service on you of the Initiating Application, file at the court a Response to Initiating Application and in a financial case, a Financial Statement
- file an affidavit if interim or procedural orders are sought by either party
- file other documents, as required, depending on the orders you seek (see Rule 4.18 of the Family Law Rules 2004)
- serve on all other parties copies of the documents filed, at least 7 days before the court date shown on page one of this application, and
- attend at the hearing. Please note: If you do not attend the hearing orders may be made in your absence.
* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.