Family Court, Federal Magistrates Court forms: Step 1 applications

For litigants going to the Family Court or the Federal Magistrates Court, it is bad enough when you are represented- suddenly you are being asked to sign or respond to a whole series of forms, written in legal gobbledygook, but even worse when you are representing yourself. To start any of the proceedings off, you… Read More »Custom Single Post Header

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Family Court, Federal Magistrates Court forms: Step 1 applications

For litigants going to the Family Court or the Federal Magistrates Court, it is bad enough when you are represented- suddenly you are being asked to sign or respond to a whole series of forms, written in legal gobbledygook, but even worse when you are representing yourself.

To start any of the proceedings off, you need to file an application. The word “application” very simply describes what you are doing- you are applying to- asking- the court to give you certain orders that you want.

Divorce applications are made on their own- usually in the Federal Magistrates Court.

Child support applications are tricky little beasts- and I will talk about them some other time.

For other types of cases- parenting, adult child maintenance, property settlement, spousal maintenance- there are three types of forms.

Federal Magistrates Court

There is one type of form- an application. It is essential to set out in this what a party wants, including whether there are any temporary or interim orders sought or just the orders at the end of the matter. Sometimes, as with property settlement, a party will not be seeking any interim orders. With children’s matters parties almost always ask for interim orders, and a failure to do so may leave a party waiting for months to be heard on what they want (and possibly be prejudiced in the meantime).

The Federal Magistrates Court expects affidavits to be filed in support of the application, even if all you are seeking are final orders.

Family Court

Unhelpfully, the forms in the Family Court are different from those in the Federal Magistrates Court. Thankfully, the Family Court forms are accepted in the Federal Magistrates Court- but not the other way around.

In the Family Court, there are two types of applications filed: Application (final orders)- what you want at the end of the matter; and Application in a case- any temporary or interim orders you want. A failure to file the application in a case may mean you cannot have any interim orders made.

There is a requirement to state that you have evidence in support of your application. Do not make ambit claims!

Affidavits are filed in support of the application in a case but NOT in support of the application for final orders- well not until the final straight leading to the trial, that is.

Unless you are exempt, filing fees have to be paid when you seek final orders, whether in the Family Court or the Federal Magistrates Court.

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART