Thinking of filing Court Proceedings

Thinking of filing Court Proceedings?

When the Federal Circuit Court of Australia and the Family Court of Australia merged on 1 September 2021, the Federal Circuit Court of Australia Rules 2001 and the Family Law Rules 2004 were amalgamated to form the Federal Circuit Court and Family Court of Australia (Family Law) Rules 2021 (New Rules).

A major change was to introduce single entry point for filing all proceedings in the the new Court, the Federal Circuit and Family Court of Australia (FCFCOA). Previously, you could file in either the Federal Circuit Court of Australia or the Family Court of Australia, depending on the complexity of your matter and the rules for filing in either Court differed.

This article briefly sets out what documents now are generally required when you file proceeding for parenting and/or property proceedings.

Before you consider filing proceedings, have you undertaken the Pre-Action Procedures or is there a reason that you have not? Find out more about Pre-Action Procedures. There are also time restraints on when you can file proceedings. More information can be found here.

Financial Proceedings

If you are seeking final orders only in relation to a property settlement, you will need the following documents:

1. Initiating Application
2. Financial Statement
3. Financial Questionnaire
4. Genuine Steps Certificate
   If you are seeking interim orders, such as an interim property distribution, sale of an asset, spouse maintenance or any other injunctive, interlocutory or procedural relief you will also need to file:
5. Affidavit in support (of no more than 10 pages and 5 exhibits).
   Before the first Court event, you will also need to be prepared to file an Undertaking as to Disclosure.

Parenting Proceedings

If you are seeking only final orders in respect of parenting matters, you will need the following documents:

1. Initiating Application
2. Section 60I Certificate or Affidavit for non-filing of dispute resolution certificate
3. Parenting Questionnaire
4. Notice of child abuse, family violence or risk
5. Genuine Steps Certificate
   If you are seeking interim parenting orders such as urgent parenting orders, orders in respect of your personal protection or the children’s protection, or any other injunctive, interlocutory or procedural relief, you will also need to file.
6. Affidavit in support (of no more than 10 pages and 5 exhibits).
   Before the first Court event, you will also need to be prepared to file an Undertaking as to Disclosure.

Both parenting and property proceedings

If you are seeking both parenting and property proceedings, the documents required are consolidation of both:

1. Initiating Application
2. Section 60I Certificate or Affidavit for non-filing of dispute resolution certificate
3. Parenting Questionnaire
4. Notice of child abuse, family violence or risk
5. Genuine Steps Certificate
   Similarly, if any interim orders are sought, an affidavit in support will need to be filed of no more than 10 pages and 5 exhibits.

Can I commence proceedings in Division 1?

There is one entry point to file proceedings in the Court. Your matter will be triaged and assessed at a compliance or readiness hearing. To be transferred prior to this event, you are required to justify why an immediate transfer is necessary.

If you have any questions about commencing proceedings, seeking urgent relief or need assistance with completing these documents, please contact us on (02) 9929 8840. Dorter Family Lawyers & Mediators are expert family lawyers who specialise in all areas of family law and can assist.

Julie Cheung
Senior Associate

Rebekah Dorter
Principal