Note: The Initiating Application can be electronically filed using an interactive online form through the Commonwealth Courts Portal. There is no need to complete this form if you wish to eFile. Visit the How do I eFile page for more information.

Note: The Initiating Application can be electronically filed using an interactive online form through the Commonwealth Courts Portal. There is no need to complete this form if you wish to eFile. Visit the How do I eFile page for more information.

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. Failure to do so may result in your application not being accepted for filing.

Do not use this form if you are filing an application for parenting orders, until you have read the Compulsory Dispute Resolution brochure. Failure to do so may result in your application not being accepted for filing.

If you wish to file this application in the Federal Circuit Court of Australia:

  • You must also file an affidavit setting out the facts relied on (see Rule 4.05 of the Federal Circuit Court Rules 2001). The affidavit must be in a separate document.
  • If you are seeking parenting orders you must file a Notice of Risk as prescribed by Form 1 to Schedule 2 of the Federal Circuit Court Rules 2001 – see Rule 22A.02 of the Federal Circuit Court Rules 2001. An Initiating Application seeking parenting orders will not be accepted for filing without the completed Notice of Risk.
  • If you are seeking orders in relation to financial matters you must file a Financial Statement with this application and any other documents as set out in Part 24 of the Federal Circuit Court Rules 2001.
  • If you are seeking orders for child support in the Federal Circuit Court of Australia, other documents that must be filed with this application are set out in Rule 25A.02 of the Federal Circuit 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 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
    • the issues in the case are of a complex nature requiring the determination of the Family Court of Australia; and
    • in such cases if you are seeking parenting orders and alleged child abuse, family violence to a child or risk of it, then you must file a Notice of Child Abuse, Family Violence or Risk of Family Violence as prescribed by the Family Court of Australia in accordance with the form in Schedule 2 of the Family Law Rules 2004.
  • You have to file an affidavit
  • For property and/or maintenance applications, you must file a Financial Statement with this application.
  • You may be required to file other documents with this application –see Rules 2.02 and 2.05 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 Circuit 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 - Non-filing Dispute Resolution Certificate.
  • 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 - Non-filing Dispute Resolution Certificate.
  • 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. A form of acknowledgement is available on the website.
  • 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. A form of acknowledgement is available on the website.
  • If you are completing this application by hand and you need more space in any section, attach extra page/s as required.
  • If you are completing this application using a computer please ensure the font size is at least 12 point.
  • You only need to file the form pages of this application (pages 1-10). The form must be printed single sided. The instruction pages should be removed before filing.

eFiling

Initiating applications can now be electronically filed through the Commonwealth Courts Portal. See the How do I eFile page for more information.

Filing fee

The filing fee depends on the type of orders you seek. For information on Court fees, see the Court Fees brochure.

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.

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 Circuit 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.

* 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.

Are you having trouble understanding legal words used in these forms?

NOTE: LawTermFinder allows searches in the following languages: العربية | Arabic, 简体中文 | Simplified Chinese, 繁體中文 | Traditional Chinese,
한국어 | Korean, Español | Spanish, Tiếng Việt | Vietnamese.

Are you having trouble understanding legal words used in these forms?

NOTE: LawTermFinder allows searches in the following languages: العربية | Arabic, 简体中文 | Simplified Chinese, 繁體中文 | Traditional Chinese,
한국어 | Korean, Español | Spanish, Tiếng Việt | Vietnamese.