Family Law

6 Matter Plans Included

ALERT - This guide has been updated for amendments to the Family Law Act 1975 effective 10 June 2025.

This guide has been updated for amendments to the Family Law Act 1975 effective 10 June 2025.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
Full Commentary - Divorce
Reference materials
- AI Prompts
  
  An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Looking to the Future
- 101 Family Law Answers
- Electronic Signing and Witnessing
- 101 Subpoena Answers
- 101 Costs Answers
- Papers and articles - Family Law
  - Consent orders in property settlement
  - Improving written submissions - A paper by Judge Alan Troy
  - Plain language – A paper by the Hon. Michael Kirby AC CMG
- Further information
Overview

The 2 ways to end a marriage are:
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Summary of the process

The usual steps in acting for an applicant in a sole divorce application include:
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A. Getting the matter underway
- If required - Family Court of WA
  - The Family Court of Western Australia
    
    The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Forms for the Family Court of WA
    
    Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
    
    Kits
    
    Financial statement kit
    
    Superannuation kit
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Affidavit
    
    Affidavit of translation of marriage certificate
    
    Affidavit of proof of identity
    
    Affidavit of proof of signature
    
    Affidavit of service
    
    Annexure page to Affidavit
    
    Application - contempt
    
    Application - contravention
    
    Application for consent orders
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application in a case
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Bankruptcy - arrest warrant
    
    Brief to counsel
    
    Case information affidavit
    
    Callover certificate
    
    Certificate of conferral
    
    Conciliation conference particulars
    
    Consent order annexure
    
    Enforcement warrant - seizure and sale of property
    
    Family dispute resolution - exemption form
    
    Financial statement
    
    Initiating Application
    
    Itemised costs account
    
    Minute of consent orders
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse and family violence (or risk)
    
    Notice of discontinuance
    
    Notice of payment into court
    
    Notice of intervention by persons entitled to intervene
    
    Notice of non-party production of documents
    
    Notice of objection to hearing in absence of parties
    
    Notice of request to inspect
    
    Reply to response to initiating application
    
    Request for deferral of court fees
    
    Request for refund of court fees
    
    Request for supply of court documents
    
    Request to attend by electronic communication
    
    Response to an application for divorce
    
    Response to an application in a case
    
    Subpoena
    
    Superannuation information kit
    
    Third party debt notice
    
    Response to initiating application
    
    Undertaking
    
    Undertaking as to disclosure
  - eCourts Portal of Western Australia
- File cover sheet - Divorce
- To do list - Divorce
- First steps
- Client details and verifying identity
- Retainer instructions - Divorce
- Conflict of interest check
- Initial letter to client enclosing costs agreement
- Brochure - Marriage, families and separation
- Costs agreements - Divorce
  - Australian Capital Territory
    
    Costs agreement - ACT
    
    Scope of work - Divorce
    
    Scale of costs in family law and child support matters
  - New South Wales
    
    Costs agreement - NSW
    
    Scope of work - Divorce
    
    Scale of costs in family law and child support matters
  - Northern Territory
    
    Costs agreement - NT
    
    Scope of work - Divorce
    
    Scale of costs in family law and child support matters
  - Queensland
    
    Initial letter to client enclosing costs agreement
    
    Costs agreement - QLD
    
    Scope of work - Divorce
    
    Scale of costs in family law and child support matters
    
    Abbreviated costs disclosure - Costs under $3000
  - South Australia
    
    Costs agreement - SA
    
    Scope of work - Divorce
    
    Scale of costs in family law and child support matters
  - Tasmania
    
    Costs agreement - TAS
    
    Scope of work - Divorce
    
    Scale of costs in family law and child support matters
  - Victoria
    
    Costs agreement - VIC
    
    Scope of work - Divorce
    
    Scale of costs in family law and child support matters
  - Western Australia
    
    Costs agreement - WA
    
    Scope of work - Divorce
    
    Scale of costs in family law and child support matters
    
    Standard costs disclosure form for clients - Fees under $3000
- Time and costs estimates
- If required - Updating costs disclosure
  - Letter to client updating costs disclosure
  - Letter to client with costs estimate for court rule compliance - Financial proceedings
  - Letter to client with costs estimate for court rule compliance
- Taking instructions in divorce matters
  
  At the first conference, obtain as much relevant information as possible to advise the client about their options. The Retainer Instructions – Divorce on the matter plan prompt for all necessary information. As an application can be filed by one or both parties, the first thing to determine is ...
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- Letter to other side requesting joint application
- General deeds, agreements, execution clauses, and statutory declarations
  - Deeds and Agreements
  - Deeds
    
    Deed for general use
    
    Deed of guarantee
    
    Deed of release
    
    General deed of indemnity
    
    Deed of assignment of agreement
    
    Deed of gift
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality for defined information - All parties
    
    Confidentiality for defined information - One party
    
    Confidentiality for terms of deed - All parties
    
    Confidentiality for terms of deed - One party
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Heads of agreement
    
    Non-disclosure agreement - Formal
    
    Non-disclosure agreement - Informal
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality for defined information - All parties
    
    Confidentiality for defined information - One party
    
    Confidentiality for terms of agreement - All parties
    
    Confidentiality for terms of agreement - One party
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Waiver
    
    Whole agreement
  - Execution clauses
    
    Library of execution clauses for agreements
    
    Attorney
    
    Authorised officer
    
    Company
    
    Company - Sole director
    
    Individual
    
    Individual - No witness
    
    Library of execution clauses for deeds
    
    Attorney
    
    Authorised officer
    
    Company
    
    Company - Sole director
    
    Individual
  - Statutory declarations
    
    Commonwealth statutory declaration
    
    Statutory declaration - blank - ACT
    
    Statutory declaration - blank - NSW
    
    Statutory declaration - blank - VIC
    
    Statutory declaration - blank - QLD
    
    Statutory declaration - blank - TAS
    
    Statutory declaration - blank - SA
    
    Statutory declaration - blank - WA
    
    Statutory declaration - blank - NT
    
    Standard annexure note for documents
  - Standard annexure note for documents
B. Initial considerations
- Marriage certificate
  
  Either the official registry certificate or the ceremonial certificate must be filed with the application. The names in the application must precisely match the names on the marriage certificate. If not, further evidence of the parties' identities will be required.
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- If required - Translation of marriage certificate
  - Affidavit translation of marriage certificate
  - Clause - Affidavit - Translation of marriage certificate
- If required - Separation under the one roof
  - Separation under one roof
    
    The requirement under s 48(2) that parties live separately and apart does not require that they reside separately. It is not uncommon for parties to determine that their marriage is at an end but remain living under one roof for some time for various reasons, such as parental responsibilities, ...
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  - Brochure - Separated but living under one roof
  - Affidavit - Family law and child support proceedings
  - Clause - Corroborating affidavit of separation under the one roof
  - Prompt for Corroborating affidavit of separation under the one roof
  - Clause - Separation under the one roof
  - Prompt for Affidavit of separation under the one roof
  - How to use Matter AI for Word
C. Going to court
- If required - Family Court of WA
  - The Family Court of Western Australia
    
    The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Forms for the Family Court of WA
    
    Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
    
    Kits
    
    Financial statement kit
    
    Superannuation kit
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Affidavit
    
    Affidavit of translation of marriage certificate
    
    Affidavit of proof of identity
    
    Affidavit of proof of signature
    
    Affidavit of service
    
    Annexure page to Affidavit
    
    Application - contempt
    
    Application - contravention
    
    Application for consent orders
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application in a case
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Bankruptcy - arrest warrant
    
    Brief to counsel
    
    Case information affidavit
    
    Callover certificate
    
    Certificate of conferral
    
    Conciliation conference particulars
    
    Consent order annexure
    
    Enforcement warrant - seizure and sale of property
    
    Family dispute resolution - exemption form
    
    Financial statement
    
    Initiating Application
    
    Itemised costs account
    
    Minute of consent orders
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse and family violence (or risk)
    
    Notice of discontinuance
    
    Notice of payment into court
    
    Notice of intervention by persons entitled to intervene
    
    Notice of non-party production of documents
    
    Notice of objection to hearing in absence of parties
    
    Notice of request to inspect
    
    Reply to response to initiating application
    
    Request for deferral of court fees
    
    Request for refund of court fees
    
    Request for supply of court documents
    
    Request to attend by electronic communication
    
    Response to an application for divorce
    
    Response to an application in a case
    
    Subpoena
    
    Superannuation information kit
    
    Third party debt notice
    
    Response to initiating application
    
    Undertaking
    
    Undertaking as to disclosure
  - eCourts Portal of Western Australia
- Jurisdiction
  
  Divorce is a matrimonial cause as defined in s 4 of the Family Law Act 1975, as are any other proceedings between parties to a marriage. Section 39(3) invests Division 2 of the Federal Circuit and Family Court of Australia (FCFCOA) with jurisdiction in matrimonial causes. However, ...
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- The court
  
  The Federal Circuit and Family Court of Australia (FCFCOA) has 2 divisions:
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- Practice Directions
  
  The Central Practice Direction: Family Law Case Management and the Family Law Practice Direction: Divorce proceedings apply to all divorce applications. Before filing an application or a response lawyers must give their clients a copy of the Central Practice Direction: Family Law Case Management. ...
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- Letter to client with Central Practice Direction
- Central Practice Direction - Family Law Case Management
- eFiling
  
  Divorce applications are filed electronically through the Commonwealth Courts Portal, available 24 hours a day. Practitioners need to register a username and password. The portal provides registered users with access to information about their cases, documents filed, court dates, outcomes, and ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Affidavit for efiling application (divorce)
- If required - Court fees - Reduction, deferral and refund
  - Court fees – reduction, exemption, or deferral
    
    The filing fee is payable via the portal when filing the application. The Family Law (Fees) Regulation 2022 governs the fees for family law matters. Parties may be eligible for an exemption or reduction of court fees if they:
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Brochure - Guidelines for reduced fee - divorce and decree of nullity application
  - Application for exemption from paying court fees - general
  - Application for exemption from paying court fees or reduction - financial hardship
  - Application for reduction of payment of divorce or decree of nullity - financial hardship
  - Application for reduction of payment of divorce or decree of nullity - general
  - Request for deferral of court fees
  - Request for refund of court fees
- If required - Service
  - Serving the application
    
    Joint applications For a joint application, no service is required.
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  - Letter to other side's solicitor serving application
  - Brochure - Marriage, families and separation
  - Letter to process server
  - Letter to court enclosing acknowledgement and affidavit of service
  - Acknowledgment of service (divorce)
  - Affidavit of service by hand - divorce
  - Affidavit of service by post - divorce
  - Affidavit proving signature - divorce
- If required - Substituted service and Dispensation of service
  - Substituted service and dispensation of service
    
    If all reasonable attempts have been made to serve the documents without success, r 2.34 of the Family Law Rules 2021 provides that an application to the court can be made for an order dispensing with service or substituting another way of serving the document. The application is filed as an ...
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  - Application in a proceeding
  - Clause - Application in a proceeding for substituted service
  - Affidavit - Family law and child support proceedings
  - Clause - Affidavit in support of application in a proceeding for substituted service
- Hearing date
  
  A hearing date is allocated by the online registry when the application is filed. The service copy of the application contains the hearing date. Therefore, time for serving the application is of the essence; otherwise, an adjournment of the hearing will be required.
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- Opposing an application
  
  An application for divorce can only be opposed on the bases that:
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- Response to divorce
- Commonwealth Courts Portal
- Attendance at court
  
  The parties are not required to attend for a joint application or a sole undefended application: s 98A of the Family Law Act 1975. Attendance is advisable if additional affidavit material has been filed to explain any specific circumstances that may impact the application's outcome, such as ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to client re hearing date
- Letter to client with costs estimate for court rule compliance
- If required - Discontinuance
  - Discontinuance
    
    Proceedings may be discontinued according to r 10.02 of the Family Law Rules 2021. The rule provides that:
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Notice of discontinuance
  - Application in a proceeding
  - Affidavit - Family law and child support proceedings
- If required - Subpoenas
  - Subpoena - Family Law
  - Affidavit - Family law and child support proceedings
  - Notice of request to inspect
  - Subpoena – Information for named person or other person (served with a subpoena)
- Appealing against a divorce order
  
  An appeal cannot be filed after a divorce order has taken effect see s 60 of the Family Law Act 1975 and Price & Underwood (Divorce Appeal) [2009] FamCAFC 127.
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- Rescinding a divorce order
  
  If the parties reconcile before the divorce order takes effect, they may apply to the court under r 1.09 of the Family Law Rules 2021 for the order to be rescinded: s 57 of the Family Law Act 1975. An order may also be rescinded where the court is satisfied that there has been a ...
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D. Finalising the divorce
- Divorce order
  
  The Federal Circuit and Family Court of Australia can grant a divorce order based on the sole ground that the marriage has broken down irretrievably: s 48(1) of the Family Law Act 1975. This ground is established if the court is satisfied that the parties have lived separately and apart for a ...
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- When the order takes effect
  
  Section 55(1) of the Family Law Act 1975 provides that the order is effective one month after the order is made. Rule 15.04 of the Family Law Rules 2021 provides that means a calendar month. A divorce order will not take effect before court is satisfied that proper arrangements have been ...
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- Letter to client confirming divorce granted
- Freedom to remarry
  
  A party is free to remarry under s 59 once the order has taken effect.
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- If required - Proof of divorce
  - Request proof of divorce - Family Law Courts eService
E. Finalising the matter
- Letter to client finalising the matter
- Example invoices incorporating notification of rights
  - Example invoice incorporating notification of client's rights - NSW
  - Example invoice incorporating notification of client's rights - VIC
  - Example invoice incorporating notification of client's rights - QLD
  - Example invoice incorporating notification of client's rights - SA
  - Example invoice incorporating notification of client's rights - TAS
  - Example invoice incorporating notification of client's rights - ACT
  - Example invoice incorporating notification of client's rights - NT
  - Example invoice incorporating notification of client's rights - WA
- Invoice recital - Family law
- Closing the file
- File closing checklist
Comments and suggestions for By Lawyers

ALERT - This guide has been updated for amendments to the Family Law Act 1975 and the Family Law Rules 2021 effective 10 June 2025 and amendments to various family law regulations effective 1 April 2025.

This guide has been updated for amendments to the Family Law Act 1975 and the Family Law Rules 2021 effective 10 June 2025 and amendments to various family law regulations effective 1 April 2025.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
Full Commentary - Property Settlement
Reference materials
- AI Prompts
  
  An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Looking to the Future
- 101 Family Law Answers
- Electronic Signing and Witnessing
- 101 Subpoena Answers
- 101 Costs Answers
- Papers and articles - Family Law
  - Consent orders in property settlement
  - Improving written submissions - A paper by Judge Alan Troy
  - Plain language – A paper by the Hon. Michael Kirby AC CMG
- The Family Court of Western Australia
  
  The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Further information
Overview

This publication is designed to take practitioners from the beginning to the end of a matter in which the parties are seeking to divide their assets at the end of their marriage or de facto relationship. The commentary provides detailed coverage of each step a party needs to take, referencing the ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
Summary of the process

The usual steps in conducting a disputed family law property matter include:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
A. Getting the matter underway
- If required - Family Court of WA
  - The Family Court of Western Australia
    
    The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Forms for the Family Court of WA
    
    Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
    
    Kits
    
    Financial statement kit
    
    Superannuation kit
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Affidavit
    
    Affidavit of translation of marriage certificate
    
    Affidavit of proof of identity
    
    Affidavit of proof of signature
    
    Affidavit of service
    
    Annexure page to Affidavit
    
    Application - contempt
    
    Application - contravention
    
    Application for consent orders
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application in a case
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Bankruptcy - arrest warrant
    
    Brief to counsel
    
    Case information affidavit
    
    Callover certificate
    
    Certificate of conferral
    
    Conciliation conference particulars
    
    Consent order annexure
    
    Enforcement warrant - seizure and sale of property
    
    Family dispute resolution - exemption form
    
    Financial statement
    
    Initiating Application
    
    Itemised costs account
    
    Minute of consent orders
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse and family violence (or risk)
    
    Notice of discontinuance
    
    Notice of payment into court
    
    Notice of intervention by persons entitled to intervene
    
    Notice of non-party production of documents
    
    Notice of objection to hearing in absence of parties
    
    Notice of request to inspect
    
    Reply to response to initiating application
    
    Request for deferral of court fees
    
    Request for refund of court fees
    
    Request for supply of court documents
    
    Request to attend by electronic communication
    
    Response to an application for divorce
    
    Response to an application in a case
    
    Subpoena
    
    Superannuation information kit
    
    Third party debt notice
    
    Response to initiating application
    
    Undertaking
    
    Undertaking as to disclosure
  - eCourts Portal of Western Australia
- File cover sheet - Property settlement
- To do list - Property settlement
- First steps
- Taking instructions in family law property matters
  
  When first meeting with a client, obtain all available information. It is not possible to give anything other than general advice until the facts and figures are available. Any inability of the lawyer to be specific about the client’s options will serve to emphasise the importance of the client ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Client details and verifying identity
- Retainer instructions - Property settlement
- Conflict of interest check
- Letter to prospective client after an initial conference
- Initial letter to client with costs agreement
- Costs agreements - Property Settlement
  - Australian Capital Territory
    
    Costs agreement - ACT
    
    Scope of work - Property settlement
    
    Scale of costs in family law and child support matters
  - New South Wales
    
    Costs agreement - NSW
    
    Scope of work - Property settlement
    
    Scale of costs in family law and child support matters
  - Northern Territory
    
    Costs agreement - NT
    
    Scope of work - Property settlement
    
    Scale of costs in family law and child support matters
  - Queensland
    
    Initial letter to client enclosing costs agreement
    
    Costs agreement - QLD
    
    Scope of work - Property settlement
    
    Scale of costs in family law and child support matters
    
    Abbreviated costs disclosure - Costs under $3000
  - South Australia
    
    Costs agreement - SA
    
    Scope of work - Property settlement
    
    Scale of costs in family law and child support matters
  - Tasmania
    
    Costs agreement - TAS
    
    Scope of work - Property settlement
    
    Scale of costs in family law and child support matters
  - Victoria
    
    Costs agreement - VIC
    
    Scope of work - Property settlement
    
    Scale of costs in family law and child support matters
  - Western Australia
    
    Costs agreement - WA
    
    Scope of work - Property settlement
    
    Scale of costs in family law and child support matters
    
    Standard costs disclosure form for clients - Fees under $3000
- Time and costs estimates
- If required - Updating costs disclosure
  - Letter to client updating costs disclosure
  - Letter to client with costs estimate for court rule compliance - Financial proceedings
  - Letter to client with costs estimate for court rule compliance
- Initial pre-action letter to other side
- Enclosure - Schedule 1 - Pre-action procedures
- General deeds, agreements, execution clauses, and statutory declarations
  - Deeds and Agreements
  - Deeds
    
    Deed for general use
    
    Deed of guarantee
    
    Deed of release
    
    General deed of indemnity
    
    Deed of assignment of agreement
    
    Deed of gift
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality for defined information - All parties
    
    Confidentiality for defined information - One party
    
    Confidentiality for terms of deed - All parties
    
    Confidentiality for terms of deed - One party
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Heads of agreement
    
    Non-disclosure agreement - Formal
    
    Non-disclosure agreement - Informal
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality for defined information - All parties
    
    Confidentiality for defined information - One party
    
    Confidentiality for terms of agreement - All parties
    
    Confidentiality for terms of agreement - One party
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Waiver
    
    Whole agreement
  - Execution clauses
    
    Library of execution clauses for agreements
    
    Attorney
    
    Authorised officer
    
    Company
    
    Company - Sole director
    
    Individual
    
    Individual - No witness
    
    Library of execution clauses for deeds
    
    Attorney
    
    Authorised officer
    
    Company
    
    Company - Sole director
    
    Individual
  - Statutory declarations
    
    Commonwealth statutory declaration
    
    Statutory declaration - blank - ACT
    
    Statutory declaration - blank - NSW
    
    Statutory declaration - blank - VIC
    
    Statutory declaration - blank - QLD
    
    Statutory declaration - blank - TAS
    
    Statutory declaration - blank - SA
    
    Statutory declaration - blank - WA
    
    Statutory declaration - blank - NT
    
    Standard annexure note for documents
  - Standard annexure note for documents
B. Initial considerations
- Informing the client
  
  It is best practice to confirm the following in writing for the client after the initial conference:
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- Letter to client regarding duty of disclosure
- Brochure - Before you file pre-action procedure for financial cases
- Enclosure - Schedule 1 - Pre-action procedures
- Brochure - Duty of disclosure
- Family violence information sheet
- Enclosure - Section 4AB of the Family Law Act 1975 - Definition of family violence
- Enclosure - Parts 6.1 and 6.2 of the Family Law Rules 2021 - Duty of disclosure and Disclosure procedures
- Enclosure - Section 71B of the Family Law Act 1975 - Duty of disclosure for property, spousal maintenance, and maintenance agreements for married couples
- Enclosure - Section 90RI of the Family Law Act 1975 - Duty of disclosure for property, spousal maintenance, and maintenance agreements for de facto couples
- Enclosure - Section 90YJA of the Family Law Act 1975 - Duty of disclosure for superannuation splitting orders for de facto couples in Western Australia
- A fair and equitable division of property
  
  Section 79(3) of the Family Law Act 1975 for married couples, and s 90SM(3) for de facto couples, provide a framework for determining property division, comprising 4 elements. While the legislation does not mandate that the 4 elements be dealt with in the same order as the 4-step process ...
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- De facto relationships
  
  The requirements to establish jurisdiction for de facto couples are far more onerous than for married couples. Registration of the relationship under state or territory law is not, of itself, conclusive evidence in the same way as a marriage certificate. A de facto relationship is a question of ...
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- Time limits
  
  De facto See ss 44(5) and (6) of the Family Law Act 1975.
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- Injunctions
  
  Injunctive relief to protect assets is available under s 114(1) of the Family Law Act 1975 in proceedings between parties to a marriage and s 114(2A) for de facto couples. See Injunctions in 101 Family Law Answers for more information.
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- Library of injunctive orders
  - Application in a proceeding
  - Injunction - Companies and trusts
  - Injunction - Bank accounts
  - Injunction - Real property
- Interests in land
  
  Joint tenancies Often, parties to marriages, and sometimes also de facto relationships, hold property as joint tenants. Joint tenancy means that if one party dies, the other automatically becomes the sole owner of the property, regardless of what the deceased party’s will says. Joint tenancies ...
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- If required - Caveats
  - Caveats
    
    Where a client is not on the title to real property that forms part of the asset pool, it may be necessary to protect the asset from the other party selling or encumbering it. Under the Family Law Act 1975, injunctive relief is available to prevent a party from dealing with matrimonial property. ...
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  - New South Wales
    
    Caveat - general
    
    Withdrawal of caveat
  - Australian Capital Territory
    
    Caveat
    
    Withdrawal of caveat
  - Northern Territory
    
    Lapsing Caveat
    
    Non-Lapsing Caveat
    
    Request to Withdraw Caveat
  - Queensland
    
    Caveat
  - South Australia
    
    Caveat
    
    Withdrawal of caveat
  - Tasmania
    
    Caveat forbidding registration - LIST Tasmania
    
    Withdrawal of caveat - LIST Tasmania
  - Victoria
    
    Land Use Victoria - Forms
  - Western Australia
    
    Caveat
    
    Withdrawal of caveat
- Superannuation
  
  See the Library of property orders on the matter plan for orders concerning superannuation. Superannuation is treated as property. Under Part VIIIB of the Family Law Act 1975, it can be divided between the parties by court order or a superannuation agreement, either stand-alone or part of a ...
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- Letter to superannuation fund enclose form 6
- Kit - Superannuation information kit
- Spousal maintenance
  
  Section 72 of the Family Law Act 1975 makes provision for the payment of spousal maintenance. Section 90SF(1) provides similarly for de facto couples. There is tension within the Act, however, between those provisions and the so-called clean break principal in s 81 for married ...
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C. Settling the matter
- Offers of settlement, including Calderbank offers
  
  Genuine offers of settlement The rules require a genuine settlement offer to be made before instituting proceedings.
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- Letter to other side's solicitor with offer of settlement - Calderbank offer
- Options for implementing an agreement
  
  Some parties agree on their property division before one of them sees a lawyer to document their agreement in an enforceable form and carry out the required property transfers. This is usually achieved by consent orders. Alternately the parties can enter into a financial agreement under s 90C ...
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- Consent orders
  - Commonwealth Courts Portal
  - Consent orders
    
    Applications for consent orders Rule 10.04 of the Family Law Rules 2021 provides for applications for consent orders.
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  - Statements of agreed facts, recitals, and notations
    
    Statements of agreed facts, recitals, and notations can be used when orders are sought by consent, particularly when there will be no appearances and therefore no chance to otherwise explain the rationale for the orders to the court. If orders are made in court, an oral explanation is usually ...
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  - Kit - Application for consent orders kit
  - Application for consent orders
  - Application for consent orders - proposed orders template
  - Example content - Orders for property only
  - Clause - Orders for variation of consent orders
  - Letter submitting application and orders to other solicitor
  - Letter submitting application and orders to other side acting for themselves
  - Letter to other side's solicitor with transfer and discharge authority
  - Annexure to proposed consent parenting order (Current case)
  - If required - Waiver of legal advice
    
    Affidavit - Family law and child support proceedings
    
    Clause - Affidavit of waiver of legal advice
  - Letter to client with copy of sealed orders
- Prompt for Letter advising on family law property orders
- Library of family orders
  - Property orders
    
    Acquisition of interest of other party in property being sold
    
    Assets and liabilities not listed retained by parties
    
    Assets cannot be disposed of or encumbered
    
    Chattels and furniture - Division after valuation
    
    Chattels and furniture - Division in accordance with schedule
    
    Chattels and furniture - Two list division
    
    Encumbrance or loan redraw not permitted
    
    Exclusive occupation and non molestation
    
    Execution of instruments by order of court - 106A Order
    
    Indemnity
    
    Liberty to apply - Property
    
    Notation - Family provision claim negated
    
    Notation - Final resolution of financial relationship section 81
    
    Occupation and vacation of property pending sale
    
    Orders for initiating application when asset pool incomplete
    
    Parties to do all things necessary to give effect to orders
    
    Payment of mortgage and outgoings pending sale
    
    Possession to be delivered to the other party
    
    Resign-appoint as director-secretary-public officer
    
    Sale of property and division of proceeds
    
    Severance of joint tenancies
    
    Spousal maintenance
    
    Transfer business
    
    Transfer business name
    
    Transfer of all entities companies trusts both business and personal
    
    Transfer property - Self-represented parties
    
    Transfer property and payment including default interest and enforcement provisions
    
    Transfer property to one party and remortgage
    
    Transfer property to one party and remortgage with sale on default
    
    Transfer shares
  - General orders
    
    Adjournment
    
    Affidavit of discovery to be filed
    
    Conciliation conference
    
    Counsel reasonable to brief
    
    Direction for filing
    
    Discharging previous orders - Select orders
    
    Discovery within 14 days
    
    Expert's report to be filed and served
    
    Experts confer and file joint statement
    
    Financial statement to be filed
    
    Further affidavits to be filed for interim application
    
    Liberty to apply - General
    
    Other applications dismissed
    
    Remove from active pending cases list
    
    Remove hearing from list
    
    Restraining order party - Party
    
    Transfer of proceedings
    
    Vacation of hearing date
  - Children orders
    
    Agreement not to relocate
    
    Alcohol and drugs prohibition
    
    Alcohol not consumed within 12 hours of handover
    
    Answer questions on affidavit
    
    Change of name - Additional name
    
    Change of name - First name
    
    Change of name - General
    
    Change of name - Hyphenated surname
    
    Change of name - Restrained from using a particular name
    
    Changeovers
    
    Changeovers - At school
    
    Changeovers - Child delivered by
    
    Changeovers - Delivery to home
    
    Changeovers - Location
    
    Changeovers - Not to remain after
    
    Changeovers - Specified person not to attend
    
    Changeovers - Supervised location
    
    Child maintenance
    
    Child maintenance capitalised
    
    Child maintenance pending support assessment
    
    Child support order lump sum
    
    Child support order not to be credited against assessment
    
    Child support order to be credited against assessment
    
    Child support order varying assessment
    
    Child urgent interim maintenance
    
    Commonwealth information order - One-off location search
    
    Commonwealth information order - One-off location search plus violence information
    
    Commonwealth information order - Periodic location search
    
    Commonwealth information order - Periodic location search plus violence information
    
    Communication - Written and telephone
    
    Communication - Written
    
    Discharging previous orders - All orders
    
    Equal responsibility, living with and spending time with
    
    Independent children's lawyer
    
    Live with each party for a period
    
    Live with each party for a period - Week about
    
    Living arrangements relocation and communication
    
    Location order individual
    
    Medical treatment decisions
    
    Medical treatment decisions one party responsible
    
    Medical treatment not without consulting other party
    
    Non-molestation order
    
    Notation - Encourage good relationships
    
    Obligation to provide contact details
    
    Overnight away from party's home not permitted
    
    Parental responsibility - No consultation unless major long term issue
    
    Passport consent dispensed with
    
    Passports application not to be made
    
    Passport - Consent dispensed with - Issue and renewal
    
    Passport - Holding passports pending travel
    
    Passport - Passports department to issue
    
    Passport - Registrar to hold pending orders or consent
    
    Passports to be surrendered
    
    Paternity test
    
    Recovery order parties
    
    Recovery order police and others
    
    Refrain from denigrating or criticising
    
    Refrain from discussing proceedings and counselling other than as ordered
    
    Refrain from making critical or derogatory remarks
    
    Religious instruction
    
    Report by family consultant
    
    Restraint from leaving the Commonwealth of Australia
    
    Schooling - School to attend
    
    Schooling sole responsibility
    
    Sole parental responsibility
    
    Sole parental responsibility - Consult and advise other party
    
    Sole parental responsibility - Education
    
    Sole parental responsibility - Exception school and medical
    
    Sole parental responsibility - General
    
    Sole parental responsibility - Major long term issues
    
    Sole parental responsibility - Major long term issues extensive
    
    Sole parental responsibility - Sporting activities
    
    Spend time alternate weekends one midweek night
    
    Spending time - Child's birthday
    
    Spending time - Parent's birthday
    
    Spending time - Refrain from seeing person
    
    Spend time with and communicate as agreed
    
    Spending time with grandparents
    
    Spending time with grandparents - Notation
    
    Spending time holidays, Christmas and Easter
    
    Spending time - Father's Day and Mother's Day
    
    Supervision of time spent with a party
    
    Telephone communication - Every other night
    
    Telephone communication - Everynight
    
    Telephone communication - Extensive
    
    Telephone communication - One evening a week
    
    Urinalysis and hair follicle testing - Monthly
    
    Urinalysis and hair follicle testing - Weekly
    
    Varying previous orders
    
    Watchlist order - Absolute prohibition on travel
    
    Watchlist order - Conditional prohibition on travel
  - Superannuation orders
    
    Splitting orders
    
    Accumulation interest - Growth phase, base amount
    
    Accumulation interest - Growth phase, percentage split
    
    Defined benefit - Payment phase, base amount
    
    Defined benefit - Payment phase, percentage split
    
    SMSF - Accumulation interest - Growth phase, base amount
    
    SMSF - Accumulation interest - Growth phase, percentage split
    
    Flagging orders
    
    Flagging order
    
    Flag lifting order
    
    Retention by parties
    
    Retention by parties
- Financial agreements
  - Letter to other side’s solicitor submitting financial agreement
  - Letter to other side acting for themselves submitting financial agreement
  - Marital relationship
    
    Financial agreement s90C - After separation
    
    Financial agreement s90D - After divorce
    
    Separation declaration pursuant to s90DA
    
    Financial agreement - Spousal maintenance
  - Combined
    
    Combined financial agreement s90UC and s90B - During de facto relationship and subsequent marriage
  - De facto relationship
    
    Financial agreement s90UD - After separation of de facto relationship
    
    Separation declaration pursuant to s90UF
    
    Financial agreement - Spousal maintenance
  - Letter to other side's solicitor with transfer and discharge authority
- Superannuation
  - Letter to superannuation fund advising the orders sought - Not agreed
  - Letter to superannuation fund advising the orders sought - Agreed
  - Letter to superannuation fund following orders
  - Letter to superannuation fund with draft agreement
  - Separation declaration pursuant to s90XP (superannuation split)
  - Clause - Self-managed superannuation fund - Flagging agreement
  - Letter to superannuation fund following agreement
  - Regulation 144 notice to trustee - Payment split
  - Affidavit
D. Pre-action procedures
- If required - Family Court of WA
  - The Family Court of Western Australia
    
    The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.
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  - The Family Court of Western Australia
    
    The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.
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  - Forms for the Family Court of WA
    
    Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
    
    Kits
    
    Financial statement kit
    
    Superannuation kit
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Affidavit
    
    Affidavit of translation of marriage certificate
    
    Affidavit of proof of identity
    
    Affidavit of proof of signature
    
    Affidavit of service
    
    Annexure page to Affidavit
    
    Application - contempt
    
    Application - contravention
    
    Application for consent orders
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application in a case
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Bankruptcy - arrest warrant
    
    Brief to counsel
    
    Case information affidavit
    
    Callover certificate
    
    Certificate of conferral
    
    Conciliation conference particulars
    
    Consent order annexure
    
    Enforcement warrant - seizure and sale of property
    
    Family dispute resolution - exemption form
    
    Financial statement
    
    Initiating Application
    
    Itemised costs account
    
    Minute of consent orders
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse and family violence (or risk)
    
    Notice of discontinuance
    
    Notice of payment into court
    
    Notice of intervention by persons entitled to intervene
    
    Notice of non-party production of documents
    
    Notice of objection to hearing in absence of parties
    
    Notice of request to inspect
    
    Reply to response to initiating application
    
    Request for deferral of court fees
    
    Request for refund of court fees
    
    Request for supply of court documents
    
    Request to attend by electronic communication
    
    Response to an application for divorce
    
    Response to an application in a case
    
    Subpoena
    
    Superannuation information kit
    
    Third party debt notice
    
    Response to initiating application
    
    Undertaking
    
    Undertaking as to disclosure
  - Forms for the Family Court of WA
    
    Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
    
    Kits
    
    Financial statement kit
    
    Superannuation kit
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Affidavit
    
    Affidavit of translation of marriage certificate
    
    Affidavit of proof of identity
    
    Affidavit of proof of signature
    
    Affidavit of service
    
    Annexure page to Affidavit
    
    Application - contempt
    
    Application - contravention
    
    Application for consent orders
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application in a case
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Bankruptcy - arrest warrant
    
    Brief to counsel
    
    Case information affidavit
    
    Callover certificate
    
    Certificate of conferral
    
    Conciliation conference particulars
    
    Consent order annexure
    
    Enforcement warrant - seizure and sale of property
    
    Family dispute resolution - exemption form
    
    Financial statement
    
    Initiating Application
    
    Itemised costs account
    
    Minute of consent orders
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse and family violence (or risk)
    
    Notice of discontinuance
    
    Notice of payment into court
    
    Notice of intervention by persons entitled to intervene
    
    Notice of non-party production of documents
    
    Notice of objection to hearing in absence of parties
    
    Notice of request to inspect
    
    Reply to response to initiating application
    
    Request for deferral of court fees
    
    Request for refund of court fees
    
    Request for supply of court documents
    
    Request to attend by electronic communication
    
    Response to an application for divorce
    
    Response to an application in a case
    
    Subpoena
    
    Superannuation information kit
    
    Third party debt notice
    
    Response to initiating application
    
    Undertaking
    
    Undertaking as to disclosure
  - eCourts Portal of Western Australia
  - eCourts Portal of Western Australia
- Pre-action procedures
  
  The FCFCOA strongly encourages dispute resolution before commencing action unless it is not safe to do so. Unless the matter falls within one of the legislated exceptions, prospective parties to property and financial proceedings must comply with the pre-action procedures set out in Schedule 1 ...
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- Genuine Steps Certificate
  
  Both parties must file a Genuine Steps Certificate in the prescribed form, certifying that they have complied with the pre-action procedures and made a genuine attempt to resolve the dispute, with their Initiating Application or Response to Initiating Application. The certificate outlines:
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- Genuine steps certificate
- Full and frank disclosure
  
  The Family Law Act 1975 mandates full and frank disclosure of financial information in property and financial proceedings. Under s 71B of the Family Law Act 1975 for married couples, s 90RI for de facto couples, and s 90YJA for de facto couples in Western Australia, each prospective ...
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- Letter to client regarding duty of disclosure
- Brochure - Before you file pre-action procedure for financial cases
- Enclosure - Schedule 1 - Pre-action procedures
- Brochure - Duty of disclosure
- Family violence information sheet
- Enclosure - Section 4AB of the Family Law Act 1975 - Definition of family violence
- Enclosure - Parts 6.1 and 6.2 of the Family Law Rules 2021 - Duty of disclosure and Disclosure procedures
- Enclosure - Section 71B of the Family Law Act 1975 - Duty of disclosure for property, spousal maintenance, and maintenance agreements for married couples
- Enclosure - Section 90RI of the Family Law Act 1975 - Duty of disclosure for property, spousal maintenance, and maintenance agreements for de facto couples
- Enclosure - Section 90YJA of the Family Law Act 1975 - Duty of disclosure for superannuation splitting orders for de facto couples in Western Australia
- Letter to other side's solicitor - Notice of intent - Property claim
- Letter to other side - Notice of Intent - Property claim
- Brochure - Central Practice Direction - Family Law Case Management
- WA - Pre-action brochures
  - Marriage Families & Separation
  - Parenting orders - obligations, consequences and who can help
- Summary of assets and liabilities
- Summary of assets and liabilities spreadsheet
- Reply to notice of property claim
- Letter to other side's solicitor inviting them to dispute resolution
- Letter to other side inviting them to dispute resolution
- Letter to other side’s solicitor providing and requesting discovery - Financial proceedings
- Letter to other side providing and requesting discovery - Financial proceedings
- Letter to other side's solicitor deficient disclosure
E. Going to court
- The court
  
  The Federal Circuit and Family Court of Australia (FCFCOA) has 2 divisions:
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- Commonwealth Courts Portal
- If required - Family Court of WA
  - The Family Court of Western Australia
    
    The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - The Family Court of Western Australia
    
    The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Forms for the Family Court of WA
    
    Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
    
    Kits
    
    Financial statement kit
    
    Superannuation kit
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Affidavit
    
    Affidavit of translation of marriage certificate
    
    Affidavit of proof of identity
    
    Affidavit of proof of signature
    
    Affidavit of service
    
    Annexure page to Affidavit
    
    Application - contempt
    
    Application - contravention
    
    Application for consent orders
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application in a case
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Bankruptcy - arrest warrant
    
    Brief to counsel
    
    Case information affidavit
    
    Callover certificate
    
    Certificate of conferral
    
    Conciliation conference particulars
    
    Consent order annexure
    
    Enforcement warrant - seizure and sale of property
    
    Family dispute resolution - exemption form
    
    Financial statement
    
    Initiating Application
    
    Itemised costs account
    
    Minute of consent orders
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse and family violence (or risk)
    
    Notice of discontinuance
    
    Notice of payment into court
    
    Notice of intervention by persons entitled to intervene
    
    Notice of non-party production of documents
    
    Notice of objection to hearing in absence of parties
    
    Notice of request to inspect
    
    Reply to response to initiating application
    
    Request for deferral of court fees
    
    Request for refund of court fees
    
    Request for supply of court documents
    
    Request to attend by electronic communication
    
    Response to an application for divorce
    
    Response to an application in a case
    
    Subpoena
    
    Superannuation information kit
    
    Third party debt notice
    
    Response to initiating application
    
    Undertaking
    
    Undertaking as to disclosure
  - Forms for the Family Court of WA
    
    Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
    
    Kits
    
    Financial statement kit
    
    Superannuation kit
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Affidavit
    
    Affidavit of translation of marriage certificate
    
    Affidavit of proof of identity
    
    Affidavit of proof of signature
    
    Affidavit of service
    
    Annexure page to Affidavit
    
    Application - contempt
    
    Application - contravention
    
    Application for consent orders
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application in a case
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Bankruptcy - arrest warrant
    
    Brief to counsel
    
    Case information affidavit
    
    Callover certificate
    
    Certificate of conferral
    
    Conciliation conference particulars
    
    Consent order annexure
    
    Enforcement warrant - seizure and sale of property
    
    Family dispute resolution - exemption form
    
    Financial statement
    
    Initiating Application
    
    Itemised costs account
    
    Minute of consent orders
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse and family violence (or risk)
    
    Notice of discontinuance
    
    Notice of payment into court
    
    Notice of intervention by persons entitled to intervene
    
    Notice of non-party production of documents
    
    Notice of objection to hearing in absence of parties
    
    Notice of request to inspect
    
    Reply to response to initiating application
    
    Request for deferral of court fees
    
    Request for refund of court fees
    
    Request for supply of court documents
    
    Request to attend by electronic communication
    
    Response to an application for divorce
    
    Response to an application in a case
    
    Subpoena
    
    Superannuation information kit
    
    Third party debt notice
    
    Response to initiating application
    
    Undertaking
    
    Undertaking as to disclosure
  - eCourts Portal of Western Australia
  - eCourts Portal of Western Australia
- The court’s Central Practice Direction
  
  Before filing an Initiating Application or a Response to an Initiating Application, lawyers must give their clients a copy of the court’s Central Practice Direction. There is a precedent letter and brochure on the matter plan for this purpose. The Central Practice Direction incorporates the ...
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- Letter to client with Central Practice Direction
- Central Practice Direction - Family Law Case Management
- The appropriate division of the court
  
  All proceedings are commenced in the Federal Circuit and Family Court of Australia (Division 2): s 50 of the Federal Circuit and Family Court of Australia Act 2021. The court performs triage on applications to allocate matters to the appropriate division and list.
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- If required - Priority Property Pool Cases - Under $550,000 (PPP)
  - Priority Property Pool Cases
    
    Priority Property Pool (PPP) Cases are those where the net value of the asset pool is, or appears to be, less than $550,000, excluding superannuation interests, or not significantly greater, and the court considers it appropriate to include the matter as a PPP Case. PPP Cases can include matters ...
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  - Family Law Practice Direction – Priority Property Pool Cases
  - Guide for practitioners and parties in Priority Property Pool Cases (PPP Cases)
  - Brochure - Priority Property Pool Cases – Preparing for the first court date
  - Brochure - Priority Property Pool Cases – Short-form expedited hearings
  - Financial summary
- Case management
  
  All standard financial matters in the Federal Circuit and Family Court of Australia (FCFCOA) are subject to case management as set out in the Rules. Division 4 of Part XI of the Family Law Act 1975 gives the court broad discretion how to conduct proceedings, including as an inquiry.
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- Commencing proceedings
  
  Proceedings are commenced by a party filing an Initiating Application. The necessary pre-action procedures, including full and frank disclosure, must first have been completed. If a party lacks capacity, see 101 Family Law Answers in the Reference Materials folder on the matter plan for information ...
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- Kit - Initiating application kit
- Initiating application
- Kit - Response to initiating application kit
- Response to initiating application
- Application in a proceeding
- Response to an application in a proceeding
- Financial statement
- Financial questionnaire
- Affidavits
  
  All affidavits must be in admissible form and deal only with relevant matters. They need to specifically address the applicable criteria in s 79 and s 75(2) of the Family Law Act 1975 for married couples, or s 90SM and s 90SF for de facto couples. Effective affidavits ...
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- Affidavit - Family law and child support proceedings
- Example content - Affidavit in support setting out critical matters
- Prompt for Initiating family law financial and property affidavit
- Submitting notice
- Letter to process server
- Letter to client with costs estimate for court rule compliance - Financial proceedings
- Request to attend by electronic communication
- Brief to counsel
- Library of affidavit clauses
  - Agreed value of house
  - Assets and or chattels already divided
  - Chattels to be divided equally
  - Children names and dates of birth
  - Entitlement to life insurance policy
  - Entitlement to proceeds of superannuation policy or fund
  - House encumbrance details
  - House to be sold and divided equally
  - House unencumbered
  - Joint asset details
  - Joint proprietors of house
  - Marriage date
  - Marriage date and divorce date
  - Marriage date application for divorce filed
  - Motor vehicles
  - No children
  - Partnership between parties details
- Property AI prompt library
  - How to use Matter AI for Word
  - Prompt for Initiating family law financial and property affidavit
  - Prompt for Affidavit in support of application for exclusive occupancy
  - Prompt for Affidavit in support of application for spousal and de facto maintenance
  - Prompt for Letter advising on family law property orders
  - Prompt for Affidavit in support of an application for child maintenance for stepchildren
  - Prompt for Affidavit in support of application for child support orders for non-periodic amounts
  - Prompt for Affidavit in support of an application for a dollar for dollar order
  - Prompt for Affidavit in support of an application for adult child maintenance
  - Prompt for Affidavit in support of an application for a freezing order
  - Prompt for Affidavit in support of an application for interim property settlement order
  - Prompt for Affidavit in support of application to appoint adversarial expert
  - Prompt for Affidavit in support of an application for a search order
  - Prompt for Affidavit in support of application for leave to proceed out of time
- If required - Court fees - Exemption, reduction and refund
  - Court fees – Reduction and exemption
    
    The Family Law (Fees) Regulation 2022 governs the fees for family law matters. In certain circumstances, parties may apply for a reduction of court fees or an exemption from paying court fees. A person may be eligible for a reduced fee if they:
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  - Brochure - Guidelines for exemption of court fees
  - Application for exemption from fees - financial hardship (not to be used for divorce)
  - Application for exemption from fees - general (not to be used for divorce)
  - Request for deferral of court fees
  - Request for refund of court fees
- Service
  
  Types of service Service in family law matters is under Part 2.6 of the Family Law Rules 2021. There are 3 types of service, set out in Table 2.2 of r 2.28.
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- If required - Substituted service and dispensing with service
  - Substituted service and dispensing with service
    
    Where service has not been possible, r 2.34 of the Family Law Rules 2021 provides for when it may be effected in another way, substituted, or dispensed with. Rule 2.34(2) sets out factors the court may consider:
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  - Application in a proceeding
  - Clause - Application in a proceeding for substituted service
  - Affidavit - Family law and child support proceedings
  - Clause - Affidavit in support of application in a proceeding for substituted service
- First court date
  
  The first court date is a directions hearing before a Judicial Registrar, which occurs within 2 months of filing. Refer to paragraphs 5.6 to 5.14 of the Central Practice Direction – Family Law Case Management for the procedures applicable to standard cases.
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- Undertaking as to disclosure
- Dispute resolution after proceedings are commenced
  
  The court is committed to resolving disputes as efficiently as possible. Within 5 months of the commencement of a proceeding, the court will require parties to participate in dispute resolution. If the court is satisfied that the parties' means and resources are appropriate for privately ...
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- Certificate of dispute resolution
- Example content - Orders for property only
- Letter to client advising on orders for full and frank disclosure
- Conciliation conference
  
  Section 79AA(9) and s 90SMA(9) of the Family Law Act 1975 provide that the court shall not make an order in a property settlement proceedings, other than an interim order or a consent order, unless the parties have attended a Conciliation Conference with a registrar or deputy registrar. ...
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- Brochure - Conciliation conference
- Conciliation conference document
- Mediation document
- Balance sheet
- Offer of settlement
- Brief to counsel
- Prompt for Brief to Counsel
- Fast track hearing list
  
  The court can refer a matter to the fast track hearing list before allocating a final hearing date. In considering suitability for fast-tracking, the court will consider whether:
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- Compliance and Readiness Hearing
  
  For cases not listed for a fast track hearing, the first event after dispute resolution is usually a Compliance and Readiness Hearing before a Judge or Senior Judicial Registrar. See paragraphs 5.51 to 5.57 of the Central Practice Direction – Family Law Case Management. ...
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- Certificate of readiness
- Standard trial directions - Schedule B to Central Practice Direction
- Vacation of a hearing date
  
  Apply to the registry for a vacation of the hearing date at the earliest opportunity after notifying the other side. Both parties must attend the hearing. The court will only vacate a hearing date in exceptional circumstances unless the matter has been resolved and consent orders can be made, or ...
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- Court book
  
  A court book is an indexed collection of documents that the parties will rely on during the hearing. A court book ordinarily includes all originating process, pleadings, and evidence and leaves out any irrelevant documents, even if they were disclosed in the proceedings. While there is no specific ...
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- Federal Circuit Court and Family Court - Court book cover page
- Federal Circuit Court and Family Court - Court book index
- If required - Subpoenas
  - Subpoenas
    
    For more information about subpoenas see:
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  - Subpoena - Family Law
  - Notice of objection - subpoena
  - Subpoena – Information for named person or other person (served with a subpoena or copy of a subpoena)
  - Affidavit - Family law and child support proceedings
  - Notice of request to inspect
- Information sharing orders
  
  The court can make an information sharing order requiring an information sharing agency to provide particulars of documents or information about family violence, child abuse, and neglect to the court under s 67ZBD, or to provide actual documents or information to the court under s 67ZBE. ...
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- The Harman undertaking
  
  Information obtained by discovery, disclosure, subpoena or included in an affidavit cannot be used for a collateral or ulterior purpose unrelated to the proceedings. This is called an implied or Harman undertaking after Harman v Secretary of State for the Home Department [1983] 1 AC 280. It is a ...
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- Discovery and disclosure
  
  Orders for discovery are allowed under s 176 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) if the court declares them appropriate. However, the obligations for disclosure under the Act and the Rules render discovery orders unnecessary and unusual. It would only generally ...
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- Audio and video recordings as evidence
  
  The use of smartphones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases. The court has described this as relatively common and widespread, and recordings are admissible in most cases. Given the ...
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- Social media evidence
  
  Evidence obtained via social media is common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes be beneficial or damaging for parties. The public nature of social media means that its content rarely remains private. Clients are best advised not to ...
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- If required - Interim hearings
  - Interim Hearings
  - Letter to client with costs estimate for court rule compliance - Financial proceedings
  - Outline of case document (interim hearing)
  - Application in a proceeding
  - Affidavit - Family law and child support proceedings
  - Annexure sheet
  - Response to an application in a proceeding
- If required - Undertakings
  - Undertakings
    
    An undertaking is a promise. The recipient is entitled to rely on it. An undertaking is usually given voluntarily. Once given to the court, an undertaking has the same effect as an order: s 112AA of the Family Law Act 1975. For an undertaking to be enforceable under s 112AD, it needs to ...
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  - Undertaking
- If required - Valuer
  - Letter to valuer for single expert valuation
  - If required - WA
    
    WA - Letter to valuer for single expert valuation
    
    WA - Enclosure - Subdivisions 4, 5 and 6 of the Family Court Rules 2021
- If required - Expert report
  - Clause - Affidavit of single expert witness annexing report
  - Clause - Affidavit of one party's expert witness annexing report
  - Brochure - Expert witnesses in family law
  - Enclosure - Divisions 7.1.4, 7.1.5 and 7.1.6 of the Family Law Rules 2021
- If required - Discontinuance, summary decrees, and harmful proceedings orders
  - Discontinuance
  - Summary decrees
    
    Part XIB of the Family Law Act 1975 and r 10.09 of the Family Law Rules 2021 set out the court’s powers and the procedure for dealing with proceedings that have no reasonable prospect of success, or that are frivolous, vexatious, or harmful. A party can apply at any time by filing an ...
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  - Harmful proceedings orders
    
    Under s 102QAC the court can make an order to prevent a party bringing proceedings the court determines are harmful, being those that may cause harm to another party or to a child involved in the proceedings. Such an order can be made either on the court's own initiative or on application by a ...
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  - Notice of discontinuance
  - Application in a proceeding
  - Affidavit - Family law and child support proceedings
- If required - Ceasing to act
  - Ceasing to act
    
    The form to file is a Notice of Ceasing to Act, available on the matter plan. Practitioners use this form to inform the client that the lawyer intends to cease to act in 7 days. This form and a blank Notice of Address for Service need to be provided to the client by ordinary service. Seven ...
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  - Notice of ceasing to act
  - Notice of address for service
- Costs
  
  The general principle in family law matters is that each party pays their costs: s 114UB(1) of the Family Law Act 1975. Costs orders for the whole of proceedings are rare. Even if a party has made an offer and the final orders are more favourable to that party than the offer, the court will ...
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F. Final hearing
- Forms for the Family Court of WA
  - Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
  - Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
  - Kits
    
    Financial statement kit
    
    Superannuation kit
  - Kits
    
    Financial statement kit
    
    Superannuation kit
  - Acknowledgment - information from a family counsellor or family dispute resolution practitioner
  - Acknowledgment - information from a family counsellor or family dispute resolution practitioner
  - Acknowledgment of service
  - Acknowledgment of service
  - Affidavit
  - Affidavit
  - Affidavit of translation of marriage certificate
  - Affidavit of translation of marriage certificate
  - Affidavit of proof of identity
  - Affidavit of proof of identity
  - Affidavit of proof of signature
  - Affidavit of proof of signature
  - Affidavit of service
  - Affidavit of service
  - Annexure page to Affidavit
  - Annexure page to Affidavit
  - Application - contempt
  - Application - contempt
  - Application - contravention
  - Application - contravention
  - Application for consent orders
  - Application for consent orders
  - Application for exemption from fees - financial hardship (not to be used for divorce)
  - Application for exemption from fees - financial hardship (not to be used for divorce)
  - Application for exemption from fees - general (not to be used for divorce)
  - Application for exemption from fees - general (not to be used for divorce)
  - Application in a case
  - Application in a case
  - Application for reduction of payment of divorce or decree of nullity - financial hardship
  - Application for reduction of payment of divorce or decree of nullity - financial hardship
  - Application for reduction of payment of divorce or decree of nullity - general
  - Application for reduction of payment of divorce or decree of nullity - general
  - Bankruptcy - arrest warrant
  - Bankruptcy - arrest warrant
  - Brief to counsel
  - Brief to counsel
  - Case information affidavit
  - Case information affidavit
  - Callover certificate
  - Callover certificate
  - Certificate of conferral
  - Certificate of conferral
  - Conciliation conference particulars
  - Conciliation conference particulars
  - Consent order annexure
  - Consent order annexure
  - Enforcement warrant - seizure and sale of property
  - Enforcement warrant - seizure and sale of property
  - Family dispute resolution - exemption form
  - Family dispute resolution - exemption form
  - Financial statement
  - Financial statement
  - Initiating Application
  - Initiating Application
  - Itemised costs account
  - Itemised costs account
  - Minute of consent orders
  - Minute of consent orders
  - Notice disputing itemised costs account
  - Notice disputing itemised costs account
  - Notice of address for service
  - Notice of address for service
  - Notice of appeal
  - Notice of appeal
  - Notice of ceasing to act
  - Notice of ceasing to act
  - Notice of change of name
  - Notice of change of name
  - Notice of child abuse and family violence (or risk)
  - Notice of child abuse and family violence (or risk)
  - Notice of discontinuance
  - Notice of discontinuance
  - Notice of payment into court
  - Notice of payment into court
  - Notice of intervention by persons entitled to intervene
  - Notice of intervention by persons entitled to intervene
  - Notice of non-party production of documents
  - Notice of non-party production of documents
  - Notice of objection to hearing in absence of parties
  - Notice of objection to hearing in absence of parties
  - Notice of request to inspect
  - Notice of request to inspect
  - Reply to response to initiating application
  - Reply to response to initiating application
  - Request for deferral of court fees
  - Request for deferral of court fees
  - Request for refund of court fees
  - Request for refund of court fees
  - Request for supply of court documents
  - Request for supply of court documents
  - Request to attend by electronic communication
  - Request to attend by electronic communication
  - Response to an application for divorce
  - Response to an application for divorce
  - Response to an application in a case
  - Response to an application in a case
  - Subpoena
  - Subpoena
  - Superannuation information kit
  - Superannuation information kit
  - Third party debt notice
  - Third party debt notice
  - Response to initiating application
  - Response to initiating application
  - Undertaking
  - Undertaking
  - Undertaking as to disclosure
  - Undertaking as to disclosure
- Trial management hearing
  
  The trial judge may list the case for a trial management hearing before the final hearing. Counsel briefed to appear at the trial should appear at the trial management hearing. The purposes of the trial management hearing include:
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- Preparation for hearing
  
  The court will make any other directions required to ensure the matter is ready for hearing. Depending on the matter and its state of preparedness, these can include requiring the parties to:
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- Family violence and cross-examination of parties
  
  The following sections of the Family Law Act 1975 apply to cross-examination:
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- Procedure at trial
  
  At the trial, the final hearing, the judge will hear evidence and receive submissions.
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- Letter to client with costs estimate for court rule compliance - Financial proceedings
- Outline of case document (final hearing)
- Example content - Outline of case document (final hearing) - Chronology of events
- Property schedule
- Notice to admit
- Clause - Notice to admit facts and authenticity of documents
- Brief to counsel
- Prompt for Brief to Counsel
- Prompt for Letter advising on family law property orders
G. Altering or setting aside orders and dealing with breaches
- Altering or setting aside property orders
  
  Section 79A of the Family Law Act 1975 for married couples and s 90SN for de facto couples provide 2 circumstances in which a property order can be set aside or altered.
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- Dealing with breaches of orders
  
  Parties can make enforcement or contravention applications when dealing with breaches of court orders. Part 11.1 of the Family Law Rules 2021 deals with the enforcement of financial or property orders. Part 11.2 deals with contravention and contempt of court.
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- Factors to consider before enforcing orders
  
  Enforcement and contravention applications can be time-consuming and costly. Clients often think they can seek enforcement of orders simply because orders have been made. The following issues require consideration before commencing enforcement proceedings:
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- Enforcement applications
  - Enforcement applications
    
    Enforcement applications are about getting a party to do what they should under the order. They achieve adherence to the arrangements in the original order, rather than punishment for any breach. If seeking enforcement of a financial order, file an Application – Enforcement: Item 4 in ...
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  - Application - enforcement
  - Application in a proceeding
  - Affidavit - Family law and child support proceedings
  - Enforcement warrant - seizure and sale of property
  - Brochure - Enforcement hearings
  - Third party debt notice
- Contravention applications
  - Contravention applications
    
    Contravention applications impose sanctions on parties for failure to comply with orders. Part XIIIA of the Family Law Act 1975 deals with contraventions of orders that do not affect children, such as property orders.
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  - Application - contravention
  - Affidavit - Family law and child support proceedings
- AI prompts for affidavit in support of setting aside property orders
  - How to use Matter AI for Word
  - Prompt for Affidavit in support of application to set aside dispositions that defeat claims
  - Prompt for Affidavit in support of an application for setting aside property orders because of default
  - Prompt for Affidavit in support of an application for setting aside property orders because of impracticability
  - Prompt for Affidavit in support of an application for setting aside property orders because of changed circumstances relating to children of the relationship
  - Prompt for Affidavit in support of an application for setting aside property orders because of a miscarriage of justice by reason of fraud
  - Prompt for Affidavit in support of an application for setting aside property orders because of a miscarriage of justice by reason of giving false evidence
  - Prompt for Affidavit in support of an application for setting aside property orders because of a miscarriage of justice by reason of suppression of evidence/failure to disclose
- WA - Enforcement brochures
  - Enforcement hearings
  - Third party debt notices
H. Finalising the matter
- If required - Real property dealings
  - Verification of identity and Client authorisation
    
    Verification of identity certificate
    
    Client authorisation
  - Library of real property transfer and duties forms
    
    New South Wales
    
    Transfer
    
    Transfer without monetary consideration - Family Law matters only
    
    Transfer severing joint tenancy
    
    Application for exemption or refund - Break up of a marriage or de facto relationship
    
    Victoria
    
    Land Use Victoria - Forms
    
    Digital Duties forms - State Revenue Office Victoria
    
    Queensland
    
    Transfer
    
    Property information - transfer
    
    Dutiable transaction statement
    
    Declaration by Beneficiary/Transferee
    
    South Australia
    
    Transfer
    
    Statutory declaration - pursuant to Section 71CA
    
    Western Australia
    
    Transfer of land - T1
    
    Transfer of land - T2
    
    Foreign transfer duty declaration
    
    Application for exemption for transfer between spouses (including defacto partners)
    
    Northern Territory
    
    Transfer of lot
    
    Australian Capital Territory
    
    Transfer
    
    Tasmania
    
    Land Titles Act approved forms - LIST Tasmania
- Finalising the matter
  
  Ensure that when negotiations or court proceedings conclude, orders are appropriately implemented, including:
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- Letter to client finalising the matter
- Example invoices incorporating notification of rights
  - Example invoice incorporating notification of client's rights - NSW
  - Example invoice incorporating notification of client's rights - VIC
  - Example invoice incorporating notification of client's rights - QLD
  - Example invoice incorporating notification of client's rights - SA
  - Example invoice incorporating notification of client's rights - TAS
  - Example invoice incorporating notification of client's rights - ACT
  - Example invoice incorporating notification of client's rights - NT
  - Example invoice incorporating notification of client's rights - WA
- Invoice recital - Family law
- Closing the file
- File closing checklist
Comments and suggestions for By Lawyers

ALERT - This guide has been updated for amendments to the Family Law Act 1975 and the Family Law Rules 2021 effective 10 June 2025, and amendments to various family law regulations effective 1 April 2025.

This guide has been updated for amendments to the Family Law Act 1975 and the Family Law Rules 2021 effective 10 June 2025, and amendments to various family law regulations effective 1 April 2025.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
Full Commentary - Children
Reference materials
- AI Prompts
  
  An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...
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- Looking to the Future
- 101 Family Law Answers
- Electronic Signing and Witnessing
- 101 Subpoena Answers
- 101 Costs Answers
- Papers and articles - Family Law
  - Consent orders in property settlement
  - Improving written submissions - A paper by Judge Alan Troy
  - Plain language – A paper by the Hon. Michael Kirby AC CMG
- Further information
Overview

This publication is designed to take practitioners from the beginning to the end of a matter in which the parties are seeking to make parenting arrangements for their children at the end of their marriage or de facto relationship. The commentary provides detailed coverage of each step a party needs ...
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Summary of the process

The usual steps in conducting a family law children matter include:
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A. Getting the matter underway
- File cover sheet - Children
- File cover sheet - Independent Children's Lawyer
- To do list - Children
- First steps
- Client details and verifying identity
- Retainer instructions - Children
- Conflict of interest check
- Taking instructions in parenting matters
  
  A child’s parents, a child, a grandparent, or any other person concerned with the child's care, welfare, or development can apply for parenting orders: s 65C of the Family Law Act 1975. Any one or more of them might seek advice about parenting arrangements. When first meeting with a client, ...
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- Initial letter to client enclosing costs agreement
- Parenting responsibility and shared time
  
  Clients can often be confused between the responsibility for children and their entitlement to spend time with them. Responsibility for making decisions about the child is usually equal and ongoing, whereas the time the child spends with each parent may be unequal and variable.
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- The child's best interests
  
  The court's paramount concern when determining a parenting dispute is the child's best interests. The parties and their lawyers need to also consider this paramount when negotiating and framing proposed orders. Section 60CC sets out what the court must consider in determining the child's best ...
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- Initial letter enclosures
  - Brochure - Before you file pre-action procedure for parenting cases
  - Brochure - Marriage, families and separation
  - Brochure - Compulsory pre-filing family dispute resolution - court procedures and requirements
  - Brochure - The impact of family violence on children
  - Family violence information sheet
  - Brochure - Parental conflict and its effect on children
- WA - Initial letter enclosures
  - Marriage Families & Separation
- Costs agreements - Children
  - Australian Capital Territory
    
    Costs agreement - ACT
    
    Scope of work - Children
    
    Scale of costs in family law and child support matters
  - New South Wales
    
    Costs agreement - NSW
    
    Scope of work - Children
    
    Scale of costs in family law and child support matters
  - Northern Territory
    
    Costs agreement - NT
    
    Scope of work - Children
    
    Scale of costs in family law and child support matters
  - Queensland
    
    Initial letter to client enclosing costs agreement
    
    Costs agreement - QLD
    
    Scope of work - Children
    
    Scale of costs in family law and child support matters
    
    Abbreviated costs disclosure - Costs under $3000
  - South Australia
    
    Costs agreement - SA
    
    Scope of work - Children
    
    Scale of costs in family law and child support matters
  - Tasmania
    
    Costs agreement - TAS
    
    Scope of work - Children
    
    Scale of costs in family law and child support matters
  - Victoria
    
    Costs agreement - VIC
    
    Scope of work - Children
    
    Scale of costs in family law and child support matters
  - Western Australia
    
    Costs agreement - WA
    
    Scope of work - Children
    
    Scale of costs in family law and child support matters
    
    Standard costs disclosure form for clients - Fees under $3000
- Time and costs estimates
- If required - Updating costs disclosure
  - Letter to client updating costs disclosure
  - Letter to client with costs estimate for court rule compliance - Financial proceedings
  - Letter to client with costs estimate for court rule compliance
- General deeds, agreements, execution clauses, and statutory declarations
  - Deeds and Agreements
  - Deeds
    
    Deed for general use
    
    Deed of guarantee
    
    Deed of release
    
    General deed of indemnity
    
    Deed of assignment of agreement
    
    Deed of gift
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality for defined information - All parties
    
    Confidentiality for defined information - One party
    
    Confidentiality for terms of deed - All parties
    
    Confidentiality for terms of deed - One party
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Heads of agreement
    
    Non-disclosure agreement - Formal
    
    Non-disclosure agreement - Informal
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality for defined information - All parties
    
    Confidentiality for defined information - One party
    
    Confidentiality for terms of agreement - All parties
    
    Confidentiality for terms of agreement - One party
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Waiver
    
    Whole agreement
  - Execution clauses
    
    Library of execution clauses for agreements
    
    Attorney
    
    Authorised officer
    
    Company
    
    Company - Sole director
    
    Individual
    
    Individual - No witness
    
    Library of execution clauses for deeds
    
    Attorney
    
    Authorised officer
    
    Company
    
    Company - Sole director
    
    Individual
  - Statutory declarations
    
    Commonwealth statutory declaration
    
    Statutory declaration - blank - ACT
    
    Statutory declaration - blank - NSW
    
    Statutory declaration - blank - VIC
    
    Statutory declaration - blank - QLD
    
    Statutory declaration - blank - TAS
    
    Statutory declaration - blank - SA
    
    Statutory declaration - blank - WA
    
    Statutory declaration - blank - NT
    
    Standard annexure note for documents
  - Standard annexure note for documents
B. Settling the matter
- Parties' obligations
  
  Parties must participate in dispute resolution before commencing action unless there is good reason not to, such as safety concerns. The court expects parties to take genuine steps to resolve their issues before commencing court proceedings. See Pre-action procedures under Going to court, for more ...
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- Documenting a settlement
  
  If the matter settles by negotiation or by dispute resolution, the parties can enter a parenting plan or consent orders. Precedents for each are available on the matter plan. Parenting plans are informal written agreements about where children live and how much time they spend with each parent. ...
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- Brief to counsel
- Prompt for Brief to Counsel
- Parenting plans
  - Parenting plans
    
    A parenting plan can be made at any time after separation, and before or after divorce for married couples. Parties can vary their parenting plan by a further written agreement. A parenting plan can also vary parenting orders.
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  - Initial letter to unrepresented other party sending parenting plan
  - Parenting plan
  - Letter to other side's solicitor rejecting proposed parenting plan
- Consent orders
  - Consent orders
    
    Rule 10.04 of the Family Law Rules 2021 provides for consent orders. A court can only make a parenting order, including by consent, if satisfied the order is in the child’s best interests.
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  - Notice of child abuse, family violence or risk
  - Kit - Application for consent orders kit
  - Annexure to proposed consent parenting order (Current case)
  - Statements of agreed facts, recitals, and notations
    
    Statements of agreed facts, recitals, and notations to orders can be used when seeking consent orders, particularly when there will be no appearances and therefore no chance to otherwise explain the rationale for the orders to the court. However, in parenting matters, they are largely unnecessary ...
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  - Application for consent orders
  - Clause - Orders for children - Extensive
  - Clause - Orders for children - Concise
  - Application for consent orders - proposed orders template
  - Letter to other side - Parenting orders sought
- Common parenting order issues
  
  Alienation Parents actively alienating children from the other parent is a recurring issue in family law.
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- Commonwealth Courts Portal
- Family law kit - Australian Federal Police
- Child without full consent or Australian court order permitting issue of a travel document
- Children orders
  - Agreement not to relocate
  - Alcohol and drugs prohibition
  - Alcohol not consumed within 12 hours of handover
  - Answer questions on affidavit
  - Change of name - Additional name
  - Change of name - First name
  - Change of name - General
  - Change of name - Hyphenated surname
  - Change of name - Restrained from using a particular name
  - Changeovers
  - Changeovers - At school
  - Changeovers - Child delivered by
  - Changeovers - Delivery to home
  - Changeovers - Location
  - Changeovers - Not to remain after
  - Changeovers - Specified person not to attend
  - Changeovers - Supervised location
  - Child maintenance
  - Child maintenance capitalised
  - Child maintenance pending support assessment
  - Child support order lump sum
  - Child support order not to be credited against assessment
  - Child support order to be credited against assessment
  - Child support order varying assessment
  - Child urgent interim maintenance
  - Commonwealth information order - One-off location search
  - Commonwealth information order - One-off location search plus violence information
  - Commonwealth information order - Periodic location search
  - Commonwealth information order - Periodic location search plus violence information
  - Communication - Written and telephone
  - Communication - Written
  - Discharging previous orders - All orders
  - Equal responsibility, living with and spending time with
  - Independent children's lawyer
  - Live with each party for a period
  - Live with each party for a period - Week about
  - Living arrangements relocation and communication
  - Location order individual
  - Medical treatment decisions
  - Medical treatment decisions one party responsible
  - Medical treatment not without consulting other party
  - Non-molestation order
  - Notation - Encourage good relationships
  - Obligation to provide contact details
  - Overnight away from party's home not permitted
  - Parental responsibility - No consultation unless major long term issue
  - Passport consent dispensed with
  - Passports application not to be made
  - Passport - Consent dispensed with - Issue and renewal
  - Passport - Holding passports pending travel
  - Passport - Passports department to issue
  - Passport - Registrar to hold pending orders or consent
  - Passports to be surrendered
  - Paternity test
  - Recovery order parties
  - Recovery order police and others
  - Refrain from denigrating or criticising
  - Refrain from discussing proceedings and counselling other than as ordered
  - Refrain from making critical or derogatory remarks
  - Religious instruction
  - Report by family consultant
  - Restraint from leaving the Commonwealth of Australia
  - Schooling - School to attend
  - Schooling sole responsibility
  - Sole parental responsibility
  - Sole parental responsibility - Consult and advise other party
  - Sole parental responsibility - Education
  - Sole parental responsibility - Exception school and medical
  - Sole parental responsibility - General
  - Sole parental responsibility - Major long term issues
  - Sole parental responsibility - Major long term issues extensive
  - Sole parental responsibility - Sporting activities
  - Spend time alternate weekends one midweek night
  - Spending time - Child's birthday
  - Spending time - Parent's birthday
  - Spending time - Refrain from seeing person
  - Spend time with and communicate as agreed
  - Spending time with grandparents
  - Spending time with grandparents - Notation
  - Spending time holidays, Christmas and Easter
  - Spending time - Father's Day and Mother's Day
  - Supervision of time spent with a party
  - Telephone communication - Every other night
  - Telephone communication - Everynight
  - Telephone communication - Extensive
  - Telephone communication - One evening a week
  - Urinalysis and hair follicle testing - Monthly
  - Urinalysis and hair follicle testing - Weekly
  - Varying previous orders
  - Watchlist order - Absolute prohibition on travel
  - Watchlist order - Conditional prohibition on travel
- Submitting notice
- Letter to client enclosing final parenting orders
- Brochure - Compliance with parenting orders
- Brochure - Parenting orders - obligations consequences and who can help
C. Common parenting order issues
- Changing existing parenting orders
  
  If the needs of children or the parents' circumstances change, parenting orders can become irrelevant or require variation. Parents who agree about changes to existing orders can vary them by either:
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- Changing existing orders by a parenting plan
  - Changing existing orders by a parenting plan
    
    Section 64D(1) of the Family Law Act 1975 provides that final parenting orders are subject to any subsequent parenting plan between the parents. However, when making a parenting order, a court may include a provision that the parenting order, or part of it, may not be varied by a parenting ...
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  - Parenting plan
- Changing existing orders by consent
  - Changing existing orders by consent application
    
    Parenting orders can be changed if the parties apply for subsequent consent orders by filing:
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  - Notice of child abuse, family violence or risk
  - Application for consent orders kit
  - Application for consent orders
  - Clause - Changing parenting orders by consent - Entire orders
  - Clause - Changing parenting orders by consent - Select orders
- Application by one party to vary or discharge existing orders
  - Application by one party to vary or discharge existing orders
  - Notice of child abuse, family violence or risk
  - Initiating application
- Child abuse and family violence
  
  Rule 2.04 of the Family Law Rules 2021 requires that a Notice of Child Abuse, Family Violence or Risk must be filed with every application or response seeking parenting orders, even if there are no allegations or risk of family violence or child abuse. The form of notice is on the matter plan. ...
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- Notice of child abuse, family violence or risk
- Child support and child support agreements
  - Child support
    
    Child support is dealt with by Services Australia. See the Separated parents webpage for the Services Australia process.
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  - Brochure - Child support applications
  - Application to change your assessment - special circumstances
  - Child support agreements
    
    Parties may agree between themselves about child support payments in accordance with the provisions set out in s 84 of the Child Support (Assessment) Act 1989. Agreements can include provisions for periodic, lump-sum, and non-periodic payments such as school fees and health insurance.
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  - Letter of advice - Binding child support agreement - Payee
  - Letter of advice - Binding child support agreement - Payer
  - Binding child support agreement
  - Limited child support agreement
  - Affidavit - Family law and child support proceedings
  - Clause - Affidavit by legal practitioner to have binding child support agreement registered with the court
- Location orders and Commonwealth Information Orders
  - Location orders and Commonwealth information orders
    
    If a child's location is unknown, the court can order any person or government department to provide it with information about the location. This type of order is known as a location order, as defined in s 67J of the Family Law Act 1975. Location orders include Commonwealth information orders ...
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  - Location order individual
  - Commonwealth information order - One-off location search
  - Commonwealth information order - One-off location search plus violence information
  - Commonwealth information order - Periodic location search
  - Commonwealth information order - Periodic location search plus violence information
- Passports
  - Passport for a child
    
    An application for an Australian passport for a child requires the consent of both parents. In family law disputes, it is not unusual for one parent to withhold consent, of for consent to otherwise be difficult to obtain. The Australian Passports Act 2005 prevents the minister from issuing a ...
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  - Application for passport - Joint parental responsibility
  - Application for passport - Sole parental responsibility
  - Companion order restraining parent from removing the child/ren from the Commonwealth of Australia
  - Default order for Registrar to sign
  - Passports to be lodged with court
- Relocation and taking a child overseas
  - Relocation
    
    Whether a parent is permitted to relocate a child's residence depends on the circumstances. As with all children's matters, the child's best interests are paramount. In determining a relocation application, the court will therefore consider the relevant factors in s 60CC of the Family Law Act ...
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  - Taking a child overseas
    
    No party to a parenting order, or a live application for a parenting order, or any person acting on their behalf, may take or send a child outside Australia without the written and authenticated consent of the other party, except under a court order. See ss 65Y and 65Z of the Family Law Act ...
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  - Consent to travel
  - International
  - Interstate
  - Intrastate
  - Time Order after international relocation
  - Time Order after interstate relocation
  - Unaccompanied minor travel
  - Long distance transportation order
  - Affidavit - Family law and child support
  - Example content - Affidavit in support of relocation application
- Recovery orders
  - Recovery orders
    
    A recovery order requires return of a child to a parent or other person with parental responsibility, or to a person with whom a child is to live, spend time, or communicate according to a parenting order: s 67Q of the Family Law Act 1975. Sections 67R, 67S, 67T, and 67U set out the ...
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  - Brochure - Recovery orders
  - Recovery order information sheet and form – Australian Federal Police
  - Applications under the Hague Convention
    
    If proceedings for a parenting order are pending, a child the subject of the proposed order cannot be removed from Australia. A child subject to a parenting order cannot be removed from Australia without the consent of all parties to the order, or by a further court order.
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  - Recovery order parties
  - Recovery order police and others
D. Pre-action procedures
- Family dispute resolution
  
  Section 60I imposes on parties an obligation to make a genuine effort to resolve their dispute by participating in family dispute resolution before applying for a parenting order. See the FCFCOA's Family Dispute Resolution webpage for information about how to access and arrange sessions with a ...
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- Section 60I certificate
  
  A family dispute resolution certificate under s 60I of the Family Law Act 1975 is provided by a family dispute resolution practitioner, who certifies to one of the following:
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- Genuine steps certificate
- Genuine steps certificate
- Mandatory pre-action steps
  
  The parties must comply with their duty of full and frank disclosure. The duty requires provision to the other side of all information relevant to the issues in dispute. This might include medical reports, school reports, letters, drawings, and photographs in a children's matter. See the brochure ...
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- Notice of proposed parenting orders
  
  A party wishing to apply for parenting orders must give notice of their intention and the proposed orders to the other parent or affected parties by letter if:
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- Notice of child abuse, family violence, or risk
  
  Rule 2.04 of the Family Law Rules 2021 provides that a Notice of Child Abuse, Family Violence or Risk must be filed:
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- Letter to client regarding duty of disclosure
- Letter to other side - Notice of parenting claim
- Letter to other side's solicitor inviting them to family dispute resolution
- Letter to other party inviting them to family dispute resolution
- Brochure - Before you file pre-action procedure for parenting cases
- Enclosure - Schedule 1 - Pre-action procedures
- Brochure - Duty of disclosure
- Enclosure - Parts 6.1 and 6.2 of the Family Law Rules 2021 - Duty of disclosure and Disclosure procedures
- Brochure - Before you file pre-action procedure for financial cases
- Brochure - Marriage, families and separation
- Brochure - Central Practice Direction - Family Law Case Management
- Letter to other side’s solicitor providing and requesting discovery - Parenting proceedings
- Letter to other side providing and requesting discovery - Parenting proceedings
- WA - Pre-action brochures
  - Marriage Families & Separation
  - Parenting orders - obligations, consequences and who can help
- If required - Non-filing of family dispute resolution certificate
  - Affidavit - non-filing of family dispute resolution certificate
- Notice of child abuse, family violence or risk
- Application in a proceeding
- Affidavit - Family law and child support proceedings
- Response to an application in a proceeding
E. Going to court
- Federal Circuit and Family Court of Australia - Family
  - Brochures and booklets
    
    Aboriginal and Torres Strait Islander families and the court
    
    Appeal procedures - Family Law
    
    Applying for a decree of nullity
    
    Applying to the court for orders - family law
    
    Are you having trouble serving your divorce application
    
    Before you file pre-action procedure for financial cases
    
    Before you file pre-action procedure for parenting cases
    
    Central Practice Direction - Family Law Case Management
    
    Child impact report FAQs
    
    Child support applications
    
    Children and international travel after family separation
    
    Compliance with parenting orders
    
    Compulsory pre-filing family dispute resolution - court procedures and requirements
    
    Conciliation conference
    
    Court based family dispute resolution
    
    Court child experts FAQs
    
    Do you have fears for your safety while attending court
    
    Duty of disclosure
    
    Enforcement hearings
    
    Expert witnesses in family law
    
    Experts conference
    
    Family consultant FAQs
    
    Family doors triage - family counsellors
    
    Family law and superannuation
    
    Family law factsheet
    
    Family reports FAQs
    
    Family violence information sheet
    
    Guide for parties in the Evatt List
    
    Guide for practitioners in the Evatt List
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree of nullity application
    
    Have you been married less than two years
    
    Leave requirements for subpoenas in family law proceedings
    
    Legal costs in family law matters
    
    Marriage, families and separation
    
    Parental conflict and its effect on children
    
    Parenting orders - obligations consequences and who can help
    
    Preparing an affidavit
    
    Priority property pool - preparing for the first court date
    
    Priority property pool - short form expedited hearings
    
    Recovery orders
    
    Separated but living under one roof
    
    Separation and stress
    
    Subpoena information for named person
    
    The first court event helpful information
    
    The impact of family violence on children
    
    Transfer of proceedings
  - Court Forms FCFCOA
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Acknowledgment of service (divorce)
    
    (OLD) Affidavit - Family law and child support
    
    Affidavit - Family law and child support proceedings
    
    Affidavit - non-filing of family dispute resolution certificate
    
    Affidavit for efiling application (divorce)
    
    Affidavit of proof of signature (non-divorce)
    
    Affidavit of service
    
    Affidavit of service by hand - divorce
    
    Affidavit of service by post - divorce
    
    Affidavit proving signature - divorce
    
    Affidavit translation of marriage certificate
    
    Annexure to proposed consent parenting order (Current case)
    
    Applicant's genuine steps statement
    
    Application - contempt
    
    Application - contravention
    
    Application - enforcement
    
    Application for arbitration
    
    (OLD) Application for consent orders
    
    Application for consent orders
    
    (MANUAL) Application for consent orders
    
    (OLD) Application for consent orders - proposed orders template
    
    Application for consent orders - proposed orders template
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Application for review
    
    Application for Review - Family Law
    
    Application for sealed copy of orders
    
    Application in a proceeding
    
    Application in an appeal
    
    Application in an arbitration
    
    Application relating to relevant property or financial arbitration
    
    Application to register arbitration award
    
    Application to register decree affecting registered arbitration award
    
    (OLD) Balance sheet
    
    Balance sheet
    
    Bankruptcy - application
    
    Bankruptcy - application for summons to examine relevant person or examinable person
    
    Bankruptcy - application in a proceeding
    
    Bankruptcy - apprehension warrant
    
    Bankruptcy - arrest warrant
    
    Bankruptcy - notice of appearance
    
    Bankruptcy - notice stating grounds of opposition to an application or application in a proceeding
    
    Bankruptcy - notice to creditors of annulment application
    
    Bankruptcy - search warrant
    
    Bankruptcy - summons for examination
    
    Bond
    
    Case information
    
    Certificate of dispute resolution
    
    Certificate of non-compliance with subpoena (New Zealand)
    
    Certificate of readiness
    
    Confidential case outline document (dispute resolution)
    
    Credit card payment form
    
    Direct debit request form
    
    Enforcement warrant - seizure and sale of property
    
    Financial questionnaire
    
    Financial statement (Manual)
    
    (OLD) Financial statement
    
    Financial statement
    
    Financial summary
    
    Genuine steps certificate
    
    Initiating application
    
    (OLD) Itemised costs account
    
    Itemised costs account
    
    Natural disaster replacement document request
    
    Notice disputing a fact or document
    
    (OLD) Notice disputing itemised cost account
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of appeal - child support
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse, family violence or risk
    
    Notice of contention
    
    Notice of discontinuance
    
    Notice of intervention by persons entitled to intervene
    
    Notice of objection - subpoena
    
    Notice of payment into court
    
    Notice of request to inspect
    
    Notice of request to inspect - arbitration
    
    Notice to admit
    
    Outline of case document (final hearing)
    
    Outline of case document (interim hearing)
    
    Parenting questionnaire
    
    Reply
    
    Request for deferral of court fees
    
    Request for file inspection by party/legal representatives/independent children’s lawyer
    
    Request for refund of court fees
    
    Request for service abroad of judicial documents and certificate
    
    Request to attend by electronic communication
    
    Response to an application in a proceeding
    
    Response to an application in an arbitration
    
    Response to divorce
    
    Response to initiating application
    
    Section 60I Certificate
    
    Short minute of consent order
    
    Short minute of order
    
    Submitting notice
    
    Subpoena - Family Law
    
    Subpoena in an arbitration
    
    Summary of the document to be served
    
    Terms of settlement
    
    Third party debt notice
    
    Undertaking
    
    Undertaking as to disclosure
    
    Warrant of arrest
    
    Warrant of commitment
  - Kits
    
    Application for consent orders kit
    
    Divorce service kit
    
    Direct debit request form
    
    Financial statement kit
    
    Initiating application kit
    
    Notice of child abuse, family violence or risk
    
    Response to initiating application kit
    
    Service kit
    
    Superannuation information kit
  - Order Library - Family Law
    
    Children
    
    Identifying the Child/ren
    
    Identifying the Child/ren
    
    Discharge, variation, suspension and revival of parenting orders
    
    Discharge of all previous parenting orders
    
    Discharge specific parenting orders
    
    Variation of the parenting order
    
    Suspension of all parenting orders
    
    Suspension of specific parenting orders
    
    Revival of all parenting orders
    
    Revival of specific parenting orders
    
    Parental responsibility
    
    Sole parental responsibility to a parent
    
    Sole parental responsibility to a parent - notification and consultation with other parent
    
    Sole parental responsibility with notification but without consultation
    
    Sole parental responsibility without notification or consultation
    
    Sole parental responsibility to a non-parent
    
    Sole parental responsibility to a non-parent - long form
    
    Sole responsibility to a non-parent for certain issues otherwise joint responsibility
    
    Sole responsibility to each parent/person for different issues
    
    Sole responsibility to each parent/person for different issues
    
    Joint parental responsibility
    
    Joint parental responsibility between parents - long form
    
    Joint parental responsibility between parent(s) and non-parent - long form
    
    Day-to-day parental responsibility
    
    Responsibility for day-to-day decisions
    
    Responsibility for day-to-day discipline
    
    Live with
    
    With one parent
    
    With one parent
    
    With both parents
    
    With both parent - week about - short form
    
    With both parents - week about - long form
    
    With both parents - split two week rotation 2-2-5-5
    
    With both parents - rotation other than fortnightly schedule
    
    With (non-parent)
    
    With non-parent
    
    With one parent and a non-parent
    
    With one parent and a non-parent - week about - short form
    
    With one parent and a non-parent - week about two week rotation - long form
    
    With one parent and non-parent - split two-week rotation 2-2-5-5
    
    With one parent and non-parent - rotation other than fortnightly schedule
    
    Spend time with during school term
    
    With parent during school term (extending time on weekends if Friday or Monday is a non-school day)
    
    Alternate weekends in a two-week rotation
    
    Alternate weekends and one evening in a two-week rotation
    
    Alternate weekends and one overnight in a two-week rotation
    
    Alternate weekends and one evening each week
    
    Alternate weekends and one overnight each week
    
    With parent during school term (without the time extending on non-school days)
    
    Alternate weekends in a two-week rotation
    
    Alternate weekends and one evening in a two-week rotation
    
    Alternate weekends and one overnight in a two-week rotation
    
    Alternate weekends and one evening each week
    
    Alternate weekends and one overnight each week
    
    Time with a non-parent
    
    Time with non-parent during school term (extending time on weekends if Friday or Monday is a non-school day)
    
    Alternate weekends in a two-week rotation
    
    Alternate weekends and one evening in a two-week rotation
    
    Alternate weekends and one overnight in a two-week rotation
    
    Time with a non-parent during school term (without the time extending on non-school days)
    
    Alternate weekends in a two-week rotation
    
    Alternate weekends and one evening in a two-week rotation
    
    Alternate weekends and one overnight in a two-week rotation
    
    General time between the child/ren and grandparents/third parties
    
    Right to see children with a parent and first option
    
    Reasonable time between the child and grandparents/third parties and to consider as back-up care
    
    Order to cater for flexible rosters
    
    Order to cater for flexible rosters
    
    How school holidays affect school term time
    
    Maintain regular pattern
    
    Recommencement of alternate weekend time during school term after school holidays so that the children are not with parent/non-parent who last had them in holidays
    
    Spend time with during school holidays
    
    Short school holidays following Terms 1, 2 and 3
    
    Short School Holidays (following Terms 1, 2 and 3) - Alternate Full Period
    
    Short School Holidays (following Terms 1, 2 and 3) - Half Split changing each year
    
    Short School Holidays (following Terms 1, 2 and 3) - Half Split changing each term
    
    Short School Holidays (following Terms 1, 2 and 3) - Nominate Times
    
    Long school holiday following Term 4
    
    Long School Holiday (following Term 4) - Half Split changing each year
    
    Long School Holiday (following Term 4) - Half Split changing each week
    
    Long School Holiday (following Term 4) - Alternate Full Period
    
    Long School Holiday (following Term 4) - Nominate Times
    
    School Holidays as per gazetted dates
    
    Holiday Midpoint
    
    Definition of midpoint of school holidays - commencing after school on last day of school term, and concluding on first day of new term
    
    Definition of midpoint of school holidays - commencing the day after the conclusion of school term, and concluding on the day prior to the re-commencement of the new term
    
    Special days
    
    Birthdays
    
    Omnibus birthday order
    
    Child/ren's Birthdays
    
    Mother's Birthday
    
    Father's Birthday
    
    Sibling's Birthday - where sibling not a subject child
    
    Sibling's Birthday - where sibling is a subject child
    
    Christmas
    
    Christmas - half split
    
    Christmas - full period
    
    Easter
    
    Easter - half split
    
    Easter - full period
    
    Mother's and Father's Days
    
    Mother's and Father's Days
    
    Mother's Day - full day
    
    Mother's Day - overnight
    
    Mother's Day - full weekend
    
    Father's Day - full day
    
    Father's Day - overnight
    
    Father's Day - full weekend
    
    New Year's Eve/Day
    
    Australia Day
    
    Anzac Day
    
    King's Birthday
    
    Labour Day Weekend
    
    Halloween
    
    Special Occasions - no change to time
    
    Jewish holidays
    
    Combined order - Presuming that changeover cannot occur during Yom Tuv because parties not within walking distance
    
    Jewish holidays/Individual orders
    
    Passover-Pesach
    
    Shavuot
    
    Rosh Hashanah
    
    Yom Kippur
    
    Sukkot
    
    Chanukah-Hanukkah
    
    Muslim holidays
    
    Eid al-Fitr
    
    Eid al-Adha
    
    Eid al-Fitr - incorporates mechanism to determine Eid dates
    
    Eid al-Adha - incorporates mechanism to dtermine Eid dates
    
    Hindu holidays
    
    Holi and Holi Dahan
    
    Diwali
    
    Other orders about time
    
    No time order
    
    No order for time made
    
    Recognition time
    
    Recognition time - Supervision by a contact centre or contact service
    
    Recognition time - Supervision by a nominated person
    
    First right of refusal
    
    Presence of parent/non-parent during time
    
    Emergency Contact
    
    Additional time by agreement
    
    Make-up time
    
    Make-up time - where there is future non-compliance of Orders
    
    Make-up time - where extra time has been granted by one parent/non-parent to other
    
    Suspension of time for breach of order
    
    Return of child if distressed
    
    Graduated time
    
    Graduated time - without supervision
    
    Graduated time - with supervision
    
    Supervision
    
    Supervision by a grandparent/s at their home
    
    Supervision by a nominated person
    
    Supervision by family and child counsellor (s65L(1))
    
    Supervision by an agency
    
    Supervision at a child contact centre - organised by parent/non parent
    
    Supervision at a child contact centre - organised by the ICL
    
    Transportation/Changeovers
    
    Transportation
    
    Transportation order - delivery to parent/non-parent
    
    Transportation order - collection by parent
    
    Transportation for extracurricular activities
    
    Changeovers
    
    Changeover location at school and parents' residence - collection by parent
    
    Changeover location at school and parents' residence - delivery by parent
    
    Changeover location at school and neutral location (e.g. McDonalds) - collection by parent
    
    Changeover location at school and neutral location (e.g. McDonalds) - delivery by parent
    
    Communication
    
    Communication between child and parent/non-parent
    
    General communication Order
    
    Alternate general communication Order
    
    Parents to facilitate reasonable telephone calls
    
    Child to have mobile telephone or device to receive calls at specified times
    
    Child to have mobile telephone or device for free communication with the other parent
    
    Child to have free written communication with the other parent
    
    Child to have restricted written communication with the other parent
    
    Unrestricted exchange of letters, cards and gifts
    
    Restricted exchange of letters, cards and gifts
    
    Birthday and Christmas cards or letters exchanged through Court Registry
    
    Photos
    
    Displaying photo of absent parent - obligation on one parent
    
    Displaying photo of absent parent - obligation on both parents
    
    Providing photos of a child to an absent parent
    
    Communication between parents
    
    Mobile telephone
    
    Text and email messaging
    
    Email messages
    
    Co-parenting app
    
    Communication book
    
    Responsibility to keep the other parent informed of their current contact details
    
    Communication about major long-term issues
    
    Communication about Hospitalisation-Medical treatment-medical appointments
    
    Authority to obtain information from school, doctor or hospital
    
    Attending school events
    
    Notice of inability to spend time with the child/ren
    
    Communication between the child and grandparents/third parties
    
    Explaining the Orders to the child/ren
    
    Explaining the Orders to the child - treating health practitioner
    
    Explaining the Orders to the child - ICL
    
    Explaining the Orders to the child - ICL and family consultant
    
    Relocation and overseas and distance travel
    
    International
    
    Interstate
    
    Intrastate
    
    Time Order after international relocation
    
    Time Order after interstate relocation
    
    Unaccompanied minor travel
    
    Long distance transportation order
    
    International travel
    
    General provision
    
    Specific conditions for international travel
    
    Consulting travel advisory
    
    Travel insurance
    
    Restraint not to travel to any country not listed in the itinerary
    
    Payment of security bond
    
    Passports
    
    Application for passport - Joint parental responsibility
    
    Application for passport - Sole parental responsibility
    
    Companion order restraining parent from removing the child/ren from the Commonwealth of Australia
    
    Default order for Registrar to sign
    
    Passports to be lodged with court
    
    Restrictions on International/Interstate Travel
    
    Absolute prohibition of travel of child from Australia and watchlist order
    
    Conditional prohibition on travel of child from Australia with consent of parties involved and watchlist order
    
    Suspension of watch list order
    
    Parent required to sign authenticated consent for international travel (section 65Y(1)(c)(i))
    
    Removal from watch list
    
    Injunctions for the personal protection of a child or parent (section 68B)
    
    No physical discipline of child
    
    Not to perpetrate family violence
    
    Not to attempt to find the location of the other parent or a child
    
    Not to possess firearms or prohibited weapons
    
    Not to harm a pet
    
    Not to destroy or damage property
    
    Non denigration
    
    Parent not to approach and/or enter residence, school, church or other places
    
    Not to attempt to communicate
    
    Parent not to authorise or encourage any other person to approach residence or school
    
    About not changing a child's residence
    
    Not to change residence
    
    Not to change residence without notice
    
    Requiring parent to leave home/exclusive occupation
    
    Parent to leave the family home/exclusive occupation
    
    About medical
    
    Parent not to present child to any professional worker
    
    Parent not to present child to any medical practitioner
    
    Not to hinder vaccinations
    
    About education and extra-curricular activities
    
    Limitations on attendance at school
    
    Restraint in relation to extra-curricular activities
    
    Not to have the child known by any other name
    
    Not to have the child known by any other name
    
    Not to use child for a forensic purpose
    
    Not to record conversations for Court purposes
    
    Not to make electronic recordings of telephone calls and changeovers
    
    Not to question a child about "abuse"
    
    No discussion of proceedings with a child
    
    Not to use the child as a messenger
    
    Not to approach after using drugs or alcohol
    
    Not to approach after using drugs or alcohol
    
    Not to retain child outside time of order or encourage breach of order
    
    Not to retain a child outside time specified in the order
    
    Not to encourage another to breach order
    
    About social media
    
    Not to post on social media without consent
    
    Not to post on social media unless account private
    
    Not to post an account of proceedings on social media
    
    About smoking
    
    Not to smoke/vape in the presence of the child/ren
    
    About continuing medical treatment
    
    Parent/person to continue mental health treatment
    
    Parent/person to continue treatment for difficulties with alcohol
    
    About the use of alcohol and illicit drugs
    
    Absolute ban on the use of alcohol - both parents
    
    Absolute ban on the use of alcohol - one parent
    
    Absolute ban on the use of alcohol prior to time with a child - both parents
    
    Absolute ban on the use of alcohol prior to time with a child - one parent
    
    Ban on consuming alcohol more than 0.05 prior to time with a child - both parents
    
    Ban on consuming alcohol more than 0.05 prior to time with a child - one parent
    
    Absolute ban on the use of illicit drugs - both parents
    
    Absolute ban on the use of illicit drugs - one parent
    
    Absolute ban on the use of illicit drugs prior to time with a child - both parents
    
    Absolute ban on the use of illict drugs prior to time with a child - one parent
    
    Alcohol and illicit drug testing
    
    Testing - every [4] weeks for 12 months
    
    Alcohol CDT testing - every [4] weeks for 12 months
    
    Alcohol LFT - every [4] weeks for 12 months
    
    Combined alcohol CDT testing and LFT - every [4] weeks for 12 months
    
    Alcohol and illicit drug urinalysis testing - every [4] weeks for 12 months
    
    Hair follicle testing for illicit drugs - every [4] weeks for 12 months
    
    Hair follicle testing for alcohol - every [4] weeks for 12 months
    
    Hair follicle testing for illicit drugs and alcohol - every [4] weeks for 12 months
    
    Testing - set time schedule
    
    Alcohol CDT testing - set time schedule
    
    Alcohol LFT testing - set time schedule
    
    Combined alcohol CDT testing and LFT - set time schedule
    
    Alcohol and illicit drug urinalysis testing - set time schedule
    
    Hair follicle testing for illicit drugs - set time schedule
    
    Hair follicle testing for alcohol - set time schedule
    
    Hair follicle testing for illicit drugs and alcohol - set time schedule
    
    Alcohol and illicit drug urinalysis testing - random
    
    Alcohol and illicit drug urinalysis testing - random
    
    Suspension of time if failure to comply with orders for testing
    
    Suspension of time if positive test results
    
    Time to be supervised if positive test results
    
    Locating the whereabouts of a child/ren
    
    Person to provide information about child's whereabouts (section 67M)
    
    Commonwealth information order (section 67N-P) - general
    
    Commonwealth information order - Centrelink
    
    Leave to give information to the applicant solicitor and process server
    
    Publication order
    
    Publication order
    
    Recovery of children
    
    An order that a parent-person return a child
    
    Recover order (section 67Q-Y)
    
    Medical examinations
    
    Order that a party be medically examined
    
    Order that a child be medically examined
    
    Orders to attend professional services
    
    Attending Family Consultant (section 11F)
    
    Attending family counselling
    
    Attending family dispute resolution
    
    Attending another family course, program or service
    
    Requirement to mediate disputes relating to interpretation or implementation of orders
    
    Family and expert reports
    
    Family reports
    
    Directions for a family report (section 62G)
    
    Order to attend appointments for family report (section 62G(5))
    
    Single expert reports
    
    Appointing nominated single expert witness - general order (Rule 7.04)
    
    Appointing nominated single expert witness - specific order regarding parenting (Rule 7.04)
    
    Parties to confer to appoint a single expert witness (Rule 7.05(a))
    
    Court to decide upon the single expert witness (Rule 7.05(b))
    
    Appointing a single expert from lists prepared by the parties (Rule 7.05(c))
    
    Application for an order determining an issue in relation to instructions to the single expert (Rule 7.05(d))
    
    Application for an order that the parties confer in relation to instructions to the single expert (Rule 7.05(e)) - without procedure
    
    Application for a general order to settle instructions to the single expert (Rule 7.05(f))
    
    Application for a specific order to send instructions to the single expert (Rule 7.05(f))
    
    Authorising and giving instructions about inspection, test or experiment (Rule 7.05(g))
    
    Restricting access to the single expert report (Rule 7.05(h))
    
    Adversarial expert - Application for the court's permission to tender a report or adduce evidence from an expert witness other than a single expert witness (Rule 7.10)
    
    Application for provision of information to the expert (Rule 7.16)
    
    Independent children's lawyer
    
    Order for the independent representation of a child (section 68L(2))
    
    Application by ICL for the examination of a child (section 68M) - For use by ICL only
    
    Orders inconsistent with family violence orders (Division 11 Part VII)
    
    Application for a specification that a parenting order/injunction is inconsistent with an existing family violence order (68P(2))
    
    Application for revival, variation, discharge or suspension of an existing order, injunction or arrangement when a family violence order is being considered (section 68R(1))
    
    Parentage
    
    Requiring a person to give evidence material to the question of parentage (s69V)
    
    Declaration of parentage (s69VA)
    
    Declaration of non-parentage (s 69VA)
    
    Parentage testing (s69W-X)
    
    Enforcement of a parenting order - Division 13A Part VII of the Act
    
    Order to require the resumption of compliance with an earlier order
    
    Order for make-up time in the context of a contravention application
    
    Order for variation of parenting Order in the context of a contravention application
    
    Order for suspension of all parenting Orders in the context of a contravention application
    
    Order for suspension of specific parenting Orders in the context of a contravention application
    
    Order for a person to attend a post-separation parenting program in the context of contravention application
    
    Order for a person to be dealt with for failure to attend a program
    
    Order in circumstances where a person found not suitable to attend a program
    
    Order requiring Respondent to enter into a bond in the context of a contravention application
    
    Order where a person fails to comply with a bond
    
    Order where a person refuses to enter into a bond be fined
    
    Order for expenses incurred as a result of the contravention
    
    Punishing by way of fine
    
    Punishing by way of imprisonment
    
    Punishing by way of imprisonment with early release on a good behaviour bond
    
    Issue of a warrant for arrest of alleged offender of Court orders regarding parenting orders (section 70NDA)
    
    Child welfare laws
    
    Child subject to child welfare laws(section 69ZK) - general order
    
    Child subject to child welfare laws(section 69ZK) - specific order
    
    The future use of a parenting plan
    
    Future parenting plan cannot change order (s64D(2) and (3))
    
    Future parenting plan can change order (s64D(1))
    
    Evidence
    
    Application for the Rules of Evidence to apply to all or part of the issues in the proceedings - (s 69ZT(3))
    
    Order for information from information sharing agency
    
    Order for State or Territory agency to provide the court with information and particulars (section 67ZBD(1))
    
    Order for State or Territory agency to provide the court with specified documents or information (section 67ZBE)
    
    Procedural orders
    
    Respondent seeking a transfer of proceedings out of a court of summary jurisdiction (section 69N)
    
    Exemption from filling section 60I certificate (section 60I(9))
    
    Short notice of an application - short form
    
    Short notice of an application - long form
    
    Shortening of time
    
    Extension of time
    
    Service
    
    Dispensing with the requirement of service
    
    Substituted service
    
    Attaching fact sheet to orders
    
    International child abduction-Hague convention
    
    Return Order (Regulation 14(1)(a)(i))
    
    Handing in passports (Regulations 14(1)(a)(ii) and-or 14(2)(b))
    
    Warrant (Regulations 14(1)(a)(ii) and-or 14(2)(a)
    
    Warrant (Regulation 25(1)(b))
    
    Child not to be removed (Regulation 14(1)(a)(vi))
    
    Placement of child/ren to secure his/her/their welfare (Regulation 14(1)(a)(v))
    
    Discharge of return order (Regulation 19A)
    
    Discharge part of return order (Regulation 19A)
    
    General order/s relating to the welfare of a child
    
    General orders relating to the welfare of a child
    
    Special medical procedures
    
    General order for a special medical procedure
    
    Gender Dysphoria - Gillick competence
    
    Gender Dysphoria - Diagnosis
    
    Gender Dysphoria - Treatment
    
    Gender Dysphoria - Stage 2 Treatment (from Re Imogen (No 6))
    
    Leave to adopt (section 60G)
    
    Leave to adopt (section 60G)
    
    Property
    
    Married couples
    
    Application for leave to bring proceedings out of time
    
    Leave to institute proceedings for a declaration of interest in property out of time
    
    Leave to institute proceedings for a property settlement and a spousal maintenance order, out of time
    
    Leave to institute proceedings for a property settlement order out of time
    
    Leave to institute proceedings for a spousal maintenance order out of time
    
    Declaration of interest in Property pursuant to Section 78
    
    Declaration party has the whole of an interest in property (s78(1))
    
    Declaration party has partial interest in property (s78(1))
    
    Declaration of no interest in property (s78(1))
    
    Consequential order for transfer (s78(2))
    
    Consequential order for sale or partition (s78(2))
    
    Consequential order for permanent possession (s78(2))
    
    Consequential order for interim possession (s78(2))
    
    Property settlement order (s79)
    
    Individual paragraphs for a property settlement order
    
    Set out paragraphs which constitute the one s79 order (Hickey)
    
    Cash payment
    
    Transfers
    
    Transfer of real property to other party
    
    Transfer of real property to a child
    
    Sale of chattel
    
    Sale of asset (general)
    
    Sale of Real Estate
    
    Method of sale
    
    Basic Private treaty paragraph
    
    Private treaty with reducing listing price if not sold
    
    Basic Auction paragraph
    
    Auction but if unsuccessful second auction with no reserve
    
    Auction but if unsuccessful subsequent auctions with reducing reserves
    
    Private treaty then auction
    
    Auction then private treaty
    
    Real Estate Agent
    
    Agreed agent nominated
    
    No agreement – pick from list
    
    No agreement – picked by Real Estate Institute
    
    Solicitor acting on the sale/conveyancer
    
    Agreed Solicitor/Conveyancer nominated
    
    No agreement - pick from list
    
    No agreement - picked by the Law Society/Law Institute
    
    Price
    
    Price agreed for private treaty sale
    
    Price nominated by listing agent for private treaty sale
    
    Price determined by Institute for private treaty sale
    
    Agreed reserve for public auction
    
    Reserve nominated by listing agent for public auction
    
    Reserve determined by Institute for public auction
    
    Distribution of proceeds of sale
    
    Distribution of proceeds of default sale
    
    Division of proceeds of sale
    
    Rise and fall paragraph on sale price
    
    Occupancy pending sale
    
    Maintaining a property pending sale (nobody occupying the property)
    
    Maintaining payments on a property pending sale (nobody occupying the property)
    
    Payment of costs of sale prior to the completion of the sale
    
    Equal
    
    By one party with reimbursement
    
    Cooperating in the sale
    
    Sale after default
    
    By private treaty
    
    By auction
    
    Distribution of proceeds of sale paragraph for default sale
    
    Motor vehicles
    
    Transfer registration of vehicle owned by a party
    
    Transfer registration and delivery of vehicle owned by a party
    
    Transfer registration of vehicle owned by a company
    
    Transfer registration and delivery of vehicle owned by a company
    
    Lodging registration of new ownership
    
    Joint bank account
    
    Frequent flyer points
    
    Dividing timeshare
    
    Sharing a membership interest
    
    Furniture and personal effects
    
    To pick up personal and private effects
    
    Division of furniture as specified in the schedule
    
    Equal division by 2 list pick-a-pile method
    
    Equal division by 6 list pick-a-pile method
    
    Access to home to make list, select list and pick up items
    
    Pets
    
    Companies
    
    Companies
    
    Resignation of office bearer
    
    Transfer of shareholding
    
    Responsible to register resignation and the transfer of shares
    
    Assigning loan accounts
    
    Indemnity against claims by the company
    
    Indemnity for money owed to the company
    
    Indemnity for any liability arising under a guarantee or surety
    
    Completing tax returns and paying tax
    
    Converting company to one director and one shareholder
    
    Winding up a company
    
    Discretionary Trusts
    
    Discretionary Trusts
    
    Transfer interest in a trust
    
    Resign as officer and transfer shares of trustee company
    
    Responsible to register resignation and the transfer of shares
    
    Assigning loan accounts
    
    Indemnity against claims by the trust
    
    Indemnity for money owed to the trust
    
    Indemnity for any liability arising under a guarantee or surety
    
    Unit Trusts
    
    Unit Trusts
    
    Transferring units in a unit trust
    
    Resign as officer and transfer shares of trustee company
    
    Assigning loan accounts
    
    Indemnity against claims by the trust
    
    Indemnity for money owed to the trust
    
    Indemnity for any liability arising under a guarantee or surety
    
    Responsible to register resignation and the transfer of shares
    
    Partnerships
    
    Dissolution of partnerships
    
    Transfer of assets excluding real property
    
    Transfer of assets including real property
    
    Splitting superannuation
    
    Accumulation fund
    
    Base amount split
    
    Percentage split
    
    Defined benefit fund
    
    Base amount split
    
    Percentage split
    
    Liabilities
    
    Specific indemnities
    
    Indemnity and discharge of the whole of a secured liability
    
    Indemnity and payment of part of a secured liability
    
    Indemnity and payment of whole or part of an unsecured liability
    
    Requirement to discharge a liability
    
    Tax arising from the disposition of an asset pursuant to this order
    
    General catch all provisions
    
    General catch all for assets otherwise not referred to
    
    Responsibility for liabilities not otherwise referred to
    
    Requirement to do acts and things and sign documents
    
    General time for performing obligations
    
    Ending financial relationships
    
    Contemporaneous provisions
    
    Execution of instruments by order of court (s106A)
    
    Liberty to apply for implementation
    
    Exclusive occupation of a home
    
    Creating a right to exclusive occupation
    
    Terminating a right to exclusive occupation
    
    Creating a life interest
    
    Property transfer in lieu of spousal maintenance (s77A)
    
    Orders against third parties in financial proceedings
    
    Orders in proceedings under section 79 binding a third party
    
    Joint debt converted to debt by one party
    
    Debt by one party converted to a debt by the other party
    
    Debt to one party converted to a debt by both parties
    
    Part debt converted to debt by one party
    
    Order directing the registration of a transfer of shares
    
    Order directing a third party to do a thing
    
    Order in s79 proceedings that alters rights liabilities and property interests of a third party
    
    Orders or injunctions in proceedings under section 114 binding a third party
    
    Order restraining repossession of property
    
    Order restraining a third party from commencing legal proceedings
    
    Third party to do a thing in relation to property
    
    Order or injunction in s114 proceedings that alters rights liabilities and property interests of a third party
    
    Setting aside/varying property orders (s79A)
    
    Setting aside an order
    
    Miscarriage of justice
    
    Section 79A(1)(a) – no ground specified
    
    Section 79A(1)(a) - all grounds
    
    Section 79A(1)(a) - miscarriage of justice by reason of fraud
    
    Section 79A(1)(a) - miscarriage of justice by reason of duress
    
    Section 79A(1)(a) - miscarriage of justice by reason of suppression of evidence (including failure to disclose relevant information)
    
    Section 79A(1)(a) - miscarriage of justice by reason of the giving of false evidence
    
    Section 79A(1)(a) - any other circumstance
    
    Section 79A(1)(b) - impracticable for the order to be carried out
    
    Section 79A(1)(c) - defaulted in carrying out an obligation
    
    Section 79A(1)(d) - circumstances of an exceptional nature relating to the care, welfare and development of a child
    
    Section 79A(1)(e) - proceeds of crime order
    
    Section 79A(1A) - set aside property settlement order by consent
    
    Varying an order
    
    Miscarriage of justice
    
    Section 79A(1)(a) – no grounds specified
    
    Section 79A(1)(a) - all grounds
    
    Section 79A(1)(a) - miscarriage of justice by reason of fraud
    
    Section 79A(1)(a) - miscarriage of justice by reason of duress
    
    Section 79A(1)(a) - miscarriage of justice by reason of suppression of evidence (including failure to disclose relevant information)
    
    Section 79A(1)(a) - miscarriage of justice by reason of the giving of false evidence
    
    Section 79A(1)(a) - any other circumstance
    
    Section 79A(1)(b) – impracticable for the order to be carried out
    
    Section 79A(1)(c) - defaulted in carrying out an obligation
    
    Section 79A(1)(d) - circumstances of an exceptional nature relating to the care, welfare and development of a child
    
    Section 79A(1)(e) - proceeds of crime order
    
    Section 79A(1A) - vary property settlement order by consent
    
    Spousal maintenance
    
    Standard order
    
    Modification of spousal maintenance orders (section 83)
    
    Discharge of maintenance order
    
    Suspension of maintenance order
    
    Revival of maintenance order
    
    Variation of maintenance order
    
    Interim spousal maintenance
    
    Adult child maintenance
    
    To enable an adult child to complete their education
    
    Because of mental or physical disability of the child
    
    Child maintenance; step-children
    
    Child maintenance payable by a step parent (s66G and s66M)
    
    Order determining that it is proper for a step-parent to have a duty of maintaining a step-child (66M(2))
    
    Interim financial orders
    
    Interim property settlement order
    
    Lump sum amount
    
    Payment in instalments
    
    Transfer of an asset or part of an asset
    
    Sale of real estate and distribution of proceeds
    
    Sale of asset and distribution of proceeds
    
    Interim litigation funding
    
    Litigation funding based on the property power
    
    Lump sum amount
    
    Order facilitating the borrowing of funds to provide lump sum payment
    
    Payment in instalments
    
    Transfer of an asset or part of an asset
    
    Sale of real estate and distribution of proceeds
    
    Sale of asset and distribution of proceeds
    
    Litigation funding based upon the cost power
    
    Litigation funding based on the maintenance power
    
    Litigation funding based on the injunctive power
    
    Dollar for dollar orders
    
    Interim child support
    
    Departure application from child support assessment
    
    Orders for the payment of non-periodic child support
    
    Orders for the payment of non-periodic child support
    
    Education
    
    Health Fund
    
    Gap payments for treatment/therapy
    
    Final child support
    
    Departure application from child support assessment
    
    Orders for the payment of non-periodic child support
    
    Orders for the payment of non-periodic child support
    
    Education
    
    Health Fund
    
    Gap payments for treatment/therapy
    
    Interim adult child maintenance
    
    To enable an adult child to complete their education
    
    Because of mental or physical disability of the child
    
    Interim exclusive occupation
    
    Freezing (Mareva) orders
    
    Party not to sell or encumber real estate
    
    Party not to sell or encumber a specific asset
    
    Freezing the proceeds of the sale
    
    Restraining a financial institution
    
    Restraining a third party
    
    Limiting payments from a company or a trust to a party
    
    Limiting payments made by a company or a trust
    
    Limiting payments from a bank account
    
    Restraint against altering the structure of a company
    
    Restraint against altering the structure of a trust
    
    Interlocutory discovery
    
    Orders for the provision of company documents
    
    Orders for the provision of trust documents
    
    Order for further specific discovery
    
    Search (Anton Piller) orders
    
    To seize and hold assets or documents
    
    To seize and hold assets
    
    To seize and copy electronic records
    
    To inspect and copy documents
    
    Single expert reports
    
    Appointment of single expert witness by parties jointly
    
    Appointing nominated single expert witness – general order (Rule 7.04)
    
    Parties to confer to appoint a single expert witness (Rule 7.05(a))
    
    Court to decide upon the single expert witness (Rule 7.05(b))
    
    Appointing a single expert from lists prepared by the parties (Rule 7.05(c))
    
    Application for an order determining an issue in relation to instructions to the single expert (Rule 7.05(d))
    
    Application for an order that the parties confer in relation to instructions to the single expert (Rule 7.05(e)) – without procedure
    
    Application for an order that the parties confer in relation to instructions to the single expert (Rule 7.05(e)) – with procedure
    
    Application for a general order to settle instructions to the single expert (Rule 7.05(f))
    
    Application for a specific order to send instructions to the single expert (Rule 7.05(f))
    
    Authorising and giving instructions about inspection, test or experiment (Rule 7.05(g))
    
    Restricting access to the single expert report (Rule 7.05(h))
    
    Adversarial expert- Application for the court’s permission to tender a report or adduce evidence from an expert witness other than a single expert witness (Rule 7.10)
    
    Application for provision of information to the expert (Rule 7.16)
    
    Transactions to default claims (s106B)
    
    Setting aside an instrument and/or disposition
    
    Restraining the making of an instrument and/or disposition
    
    Consequential orders
    
    De facto couples
    
    Application for leave to bring proceedings out of time
    
    Leave to institute proceedings for a declaration of interest in property out of time
    
    Leave to institute proceedings for a property settlement and a spousal maintenance order, out of time
    
    Leave to institute proceedings for a property settlement order out of time
    
    Leave to institute proceedings for a spousal maintenance order out of time
    
    Declaration about the existence of a de facto relationship (except WA)
    
    Declaration that a de facto relationship existed
    
    Declaration that a de facto relationship never existed
    
    Declaration a de facto relationship existed during specify periods
    
    Declaration there is a child of a de facto relationship
    
    Declaration that the applicant made substantial contributions under s90SM
    
    Declaration about when a de facto relationship ended
    
    Declaration about where each of the parties was ordinarily resident during the de facto relationship
    
    Section 90RD declaration be varied
    
    Pursuant to section 90RH, the section 90RD declaration made be set aside
    
    Pursuant to section 90RH, the section 90RD declaration made be set aside and another section 90RD declaration in substitution be made
    
    Consequential order after section 90RD declaration set aside
    
    Declaration of interest in Property pursuant to Section 90SL
    
    Declaration party has the whole of an interest in property (s90SL(1))
    
    Declaration party has partial interest in property (s90SL(1))
    
    Declaration of no interest in property(s90SL(1))
    
    Consequential order for transfer (s90SL(2))
    
    Consequential order for sale or partition (s90SL(2))
    
    Consequential order for permanent possession (s90SL(2))
    
    Consequential order for interim possession (s90SL(2))
    
    Property settlement order (s90SM)
    
    Individual paragraphs for property settlement order
    
    Set out paragraphs which constitute the one s90SM order (Hickey)
    
    Cash payment
    
    Transfers
    
    Transfer of real property to other party
    
    Transfer of real property to a child
    
    Sale of chattel
    
    Sale of asset (general)
    
    Sale of Real Estate
    
    Methods of sale
    
    Basic private treaty paragraph
    
    Private treaty with reducing listing price if not sold
    
    Basic auction paragraph
    
    Auction but if unsuccessful second auction with no reserve
    
    Auction but if unsuccessful subsequent auctions with reducing reserves
    
    Private treaty then auction
    
    Auction then private treaty
    
    Real Estate Agent
    
    Agreed agent nominated
    
    No agreement – pick from list
    
    No agreement – picked by Real Estate Institute
    
    Solicitor acting on the sale/conveyancer
    
    Agreed Solicitor/Conveyancer nominated
    
    No agreement – pick from list
    
    No agreement – picked by the Law Society/Law Institute
    
    Price
    
    Price agreed for private treaty sale
    
    Price nominated by listing agent for private treaty sale
    
    Price determined by Institute for private treaty sale
    
    Agreed reserve for public auction
    
    Reserve nominated by listing agent for public auction
    
    Reserve determined by Institute for public auction
    
    Distribution of proceeds of sale
    
    Distribution of proceeds of default sale
    
    Division of proceeds of sale
    
    Rise and fall paragraph on sale price
    
    Occupancy pending sale
    
    Maintaining a property pending sale (nobody occupying the property)
    
    Maintaining payments on a property pending sale (nobody occupying the property)
    
    Payment of costs of sale prior to the completion of the sale
    
    Equal
    
    By one party with reimbursement
    
    Cooperating in the sale
    
    Sale after default
    
    By private treaty
    
    By auction
    
    Distribution of proceeds of sale paragraph for default sale
    
    Joint bank account
    
    Motor vehicles
    
    Transfer registration of vehicle owned by a party
    
    Transfer registration and delivery of vehicle owned by a party
    
    Transfer registration of vehicle owned by a company
    
    Transfer registration and delivery of vehicle owned by a company
    
    Lodging registration of new ownership
    
    Frequent flyer points
    
    Dividing timeshare
    
    Sharing a membership interest
    
    Furniture and person effects
    
    To pick up personal and private effects
    
    Division of furniture as specified in the schedule
    
    Equal division by 2 list pick-a-pile method
    
    Equal division by 6 list pick-a-pile method
    
    Access to home to make list, select list and pick up items
    
    Pets
    
    Companies
    
    Companies
    
    Resignation of office bearer
    
    Transfer of shareholding
    
    Responsible to register resignation and the transfer of shares
    
    Assigning loan accounts
    
    Indemnity against claims by the company
    
    Indemnity for money owed to the company
    
    Indemnity for any liability arising under a guarantee or surety
    
    Completing tax returns and paying tax
    
    Converting company to one director and one shareholder
    
    Winding up a company
    
    Discretionary Trusts
    
    Discretionary Trusts
    
    Transfer interest in a trust
    
    Resign as officer and transfer shares of trustee company
    
    Responsible to register resignation and the transfer of shares
    
    Assigning loan accounts
    
    Indemnity against claims by the trustee company
    
    Indemnity for money owed to the trust
    
    Indemnity for any liability arising under a guarantee or surety
    
    Unit Trusts
    
    Unit Trusts
    
    Transferring units in a unit trust
    
    Resign as officer and transfer shares of trustee company
    
    Assigning loan accounts
    
    Indemnity against claims by the trustee company
    
    Indemnity for money owed to the trust
    
    Indemnity for any liability arising under a guarantee or surety
    
    Responsible to register resignation and the transfer of shares
    
    Partnerships
    
    Dissolution of partnerships
    
    Transfer of assets excluding real property
    
    Transfer of assets including real property
    
    Splitting superannuation
    
    Accumulation fund
    
    Base amount split
    
    Percentage split
    
    Defined benefit fund
    
    Base amount split
    
    Percentage split
    
    Liabilities
    
    Specific indemnities
    
    Indemnity and discharge of the whole of a secured liability
    
    Indemnity and payment of part of a secured liability
    
    Indemnity and payment of whole or part of an unsecured liability
    
    Requirement to discharge a liability
    
    Tax arising from the disposition of an asset pursuant to this order
    
    General catch all provisions
    
    General catch all for assets otherwise not referred to
    
    Responsibility for liabilities not otherwise referred to
    
    Requirement to do acts and things and sign documents
    
    General time for performing obligations
    
    Ending financial relationships
    
    Contemporaneous provisions
    
    Execution of instruments by order of court (s106A)
    
    Liberty to apply for implementation
    
    Exclusive occupation of a home
    
    Creating a right to exclusive occupation
    
    Terminating a right to exclusive occupation
    
    Creating a life interest
    
    Property transfer in lieu of spousal maintenance (s90SH)
    
    Orders against third parties in financial proceedings
    
    Orders in proceedings under section 90SM binding a third party
    
    Joint debt converted to debt by one party
    
    Debt by one party converted to a debt by the other party
    
    Debt to one party converted to a debt by both parties
    
    Part debt converted to debt by one party
    
    Order directing the registration of a transfer of shares
    
    Order directing a third party to do a thing
    
    Order in s90SM proceedings that alters rights liabilities and property interests of a third party
    
    Orders or injunctions in proceedings under section 114 binding a third party
    
    Order restraining repossession of property
    
    Order restraining a third party from commencing legal proceedings
    
    Third party to do a thing in relation to property
    
    Order or injunction in s114 proceedings that alters rights liabilities and property interests of a third party
    
    Setting aside/varying property orders (s90SN)
    
    Setting aside an order
    
    Miscarriage of justice
    
    Section 90SN(1)(a) – no particular ground specified
    
    Section 90SN(1)(a) - all grounds
    
    Section 90SN(1)(a) - miscarriage of justice by reason of fraud
    
    Section 90SN(1)(a) - miscarriage of justice by reason of duress
    
    Section 90SN(1)(a) - miscarriage of justice by reason of suppression of evidence (including failure to disclose relevant information)
    
    Section 90SN(1)(a) - miscarriage of justice by reason of the giving of false evidence
    
    Section 90SN(1)(a) - any other circumstance
    
    Section 90SN(1)(b) - impracticable for the order to be carried out
    
    Section 90SN(1)(c) - defaulted in carrying out an obligation
    
    Section 90SN(1)(d) - circumstances of an exceptional nature relating to the care, welfare and development of a child
    
    Section 90SN(1)(e) - proceeds of crime order
    
    Section 90SN(2) - set aside property settlement order by consent
    
    Varying an order
    
    Miscarriage of justice
    
    Section 90SN(1)(a) – no grounds specified
    
    Section 90SN(1)(a) - all grounds
    
    Section 79A(1)(a) - miscarriage of justice by reason of fraud
    
    Section 90SN(1)(a) - miscarriage of justice by reason of duress
    
    Section 90SN(1)(a) - miscarriage of justice by reason of suppression of evidence (including failure to disclose relevant information)
    
    Section 90SN(1)(a) - miscarriage of justice by reason of the giving of false evidence
    
    Section 90SN(1)(a) - any other circumstance
    
    Section 90SN(1)(b) - impracticable for the order to be carried out
    
    Section 90SN(1)(c) - defaulted in carrying out an obligation
    
    Section 90SN(1)(d) - circumstances of an exceptional nature relating to the care, welfare and development of a child
    
    Section 90SN(1)(e) - proceeds of crime order
    
    Section 90SN(2) - vary property settlement order by consent
    
    Spousal maintenance
    
    Standard order
    
    Modification of spousal maintenance orders (s90SI)
    
    Discharge of maintenance order
    
    Suspension of maintenance order
    
    Revival of maintenance order
    
    Variation of maintenance order
    
    Adult child maintenance
    
    To enable an adult child to complete their education
    
    Because of mental or physical disability of the child
    
    Child maintenance; step-children
    
    Child maintenance payable by a step parent (s66G and s66M)
    
    Order determining that it is proper for a step-parent to have a duty of maintaining a step-child (66M(2))
    
    Interim financial orders
    
    Interim property settlement order
    
    Lump sum amount
    
    Order facilitating the borrowing of funds to provide lump sum payment
    
    Payment in instalments
    
    Transfer of an asset or part of an asset
    
    Sale of real estate and distribution of proceeds
    
    Sale of asset and distribution of proceeds
    
    Interim spousal maintenance
    
    Interim litigation funding
    
    Litigation funding based on the property power
    
    Lump sum amount
    
    Payment in instalments
    
    Transfer of an asset or part of an asset
    
    Sale of real estate and distribution of proceeds
    
    Sale of asset and distribution of proceeds
    
    Litigation funding based upon the cost power
    
    Litigation funding based on the maintenance power
    
    Litigation funding based on the injunctive power
    
    Dollar for dollar orders
    
    Interim child support
    
    Departure application from child support assessment
    
    Orders for the payment of non-periodic child support
    
    Orders for the payment of non-periodic child support
    
    Education
    
    Health Fund
    
    Gap payments for treatment/therapy
    
    Final child support
    
    Departure application from child support assessment
    
    Orders for the payment of non-periodic child support
    
    Orders for the payment of non-periodic child support
    
    Education
    
    Health Fund
    
    Gap payments for treatment therapy
    
    Interim adult child maintenance
    
    To enable an adult child to complete their education
    
    Because of mental or physical disability of the child
    
    Interim exclusive occupation
    
    Freezing (Mareva) orders
    
    Party not to sell or encumber real estate
    
    Party not to sell or encumber a specific asset
    
    Freezing the proceeds of the sale
    
    Restraining a financial institution
    
    Restraining a third party
    
    Limiting payments from a company or a trust to a party
    
    Limiting payments made by a company or a trust
    
    Limiting payments from a bank account
    
    Restraint against altering the structure of a company
    
    Interlocutory discovery
    
    Orders for the provision of company documents
    
    Orders for the provision of trust documents
    
    Order for further specific discovery
    
    Search (Anton Piller) orders
    
    To seize and hold assets or documents
    
    To seize and hold assets
    
    To seize and copy electronic records
    
    To inspect and copy documents
    
    Single expert reports
    
    Appointment of single expert witness by parties jointly
    
    Appointing nominated single expert witness – general order (Rule 7.04)
    
    Parties to confer to appoint a single expert witness (Rule 7.05(a))
    
    Court to decide upon the single expert witness (Rule 7.05(b))
    
    Appointing a single expert from lists prepared by the parties (Rule 7.05(c))
    
    Application for an order determining an issue in relation to instructions to the single expert (Rule 7.05(d))
    
    Application for an order that the parties confer in relation to instructions to the single expert (Rule 7.05(e)) – with procedure
    
    Application for an order that the parties confer in relation to instructions to the single expert (Rule 7.05(e)) – without procedure
    
    Application for a general order to settle instructions to the single expert (Rule 7.05(f))
    
    Application for a specific order to send instructions to the single expert (Rule 7.05(f))
    
    Authorising and giving instructions about inspection, test or experiment (Rule 7.05(g))
    
    Restricting access to the single expert report (Rule 7.05(h))
    
    Adversarial expert - Application for the court’s permission to tender a report or adduce evidence from an expert witness other than a single expert witness (Rule 7.10)
    
    Application for provision of information to the expert (Rule 7.16)
    
    Transactions to defeat claims (s106B)
    
    Setting aside an instrument and/or disposition
    
    Restraining the making of an instrument and/or disposition
    
    Consequential orders
  - Other Family Law Forms
    
    Annexure sheet
    
    Property adjustment table
- If required - Family Court of WA
  - Appendix A – The Family Court of Western Australia
  - eCourts Portal of Western Australia
  - Forms for the Family Court of WA
    
    Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
    
    Kits
    
    Financial statement kit
    
    Superannuation kit
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Affidavit
    
    Affidavit of translation of marriage certificate
    
    Affidavit of proof of identity
    
    Affidavit of proof of signature
    
    Affidavit of service
    
    Annexure page to Affidavit
    
    Application - contempt
    
    Application - contravention
    
    Application for consent orders
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application in a case
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Bankruptcy - arrest warrant
    
    Brief to counsel
    
    Case information affidavit
    
    Callover certificate
    
    Certificate of conferral
    
    Conciliation conference particulars
    
    Consent order annexure
    
    Enforcement warrant - seizure and sale of property
    
    Family dispute resolution - exemption form
    
    Financial statement
    
    Initiating Application
    
    Itemised costs account
    
    Minute of consent orders
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse and family violence (or risk)
    
    Notice of discontinuance
    
    Notice of payment into court
    
    Notice of intervention by persons entitled to intervene
    
    Notice of non-party production of documents
    
    Notice of objection to hearing in absence of parties
    
    Notice of request to inspect
    
    Reply to response to initiating application
    
    Request for deferral of court fees
    
    Request for refund of court fees
    
    Request for supply of court documents
    
    Request to attend by electronic communication
    
    Response to an application for divorce
    
    Response to an application in a case
    
    Subpoena
    
    Superannuation information kit
    
    Third party debt notice
    
    Response to initiating application
    
    Undertaking
    
    Undertaking as to disclosure
- Commonwealth Courts Portal
- The court
  
  The Federal Circuit and Family Court of Australia (FCFCOA) has 2 divisions:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- The court’s Central Practice Direction
  
  Before filing an Initiating Application or a Response to an Initiating Application, lawyers must give their clients a copy of the court’s Central Practice Direction. There is a precedent letter and brochure on the matter plan for this purpose. The Central Practice Direction incorporates the ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to client with Central Practice Direction
- Central Practice Direction - Family Law Case Management
- The appropriate division of the court
  
  All proceedings are commenced in the Federal Circuit and Family Court of Australia (Division 2): s 50 of the Federal Circuit and Family Court of Australia Act 2021. The court performs triage on applications to allocate matters to the appropriate division and list.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Case management
  
  All parenting matters in the Federal Circuit and Family Court of Australia are subject to case management as set out in the Family Law Rules 2021 and the court’s Central Practice Direction – Family Law Case Management. The court divides its case management system into 3 phases:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Commencing proceedings
  
  Proceedings are commenced by a party filing an Initiating Application. The necessary pre-action procedures, including full and frank disclosure, must first have been completed. If a party lacks capacity, see 101 Family Law Answers in the Reference Materials folder on the matter plan for information ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Genuine steps certificate
- Parenting questionnaire
- Family violence information sheet
- Kit - Initiating application kit
- Initiating application
  
  The following must be filed with an Initiating Application:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Initiating application
- Notice of child abuse, family violence or risk
- Response
  
  If a respondent is consenting to or opposing the applicant’s orders, or seeking alternate orders, they file a Response to Initiating Application before the first return date, with the following documents:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Response to initiating application
- Affidavit - Family law and child support proceedings
- Kit - Response to initiating application kit
- Affidavits
  
  All affidavits must be in admissible form and deal only with relevant matters. They need to specifically address the applicable criteria in s 79 and s 75(2) of the Family Law Act 1975 for married couples, or s 90SM and s 90SF for de facto couples. Effective affidavits ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Example content - Affidavit in support of relocation application
- Library of family orders
  - Property orders
    
    Acquisition of interest of other party in property being sold
    
    Assets and liabilities not listed retained by parties
    
    Assets cannot be disposed of or encumbered
    
    Chattels and furniture - Division after valuation
    
    Chattels and furniture - Division in accordance with schedule
    
    Chattels and furniture - Two list division
    
    Encumbrance or loan redraw not permitted
    
    Exclusive occupation and non molestation
    
    Execution of instruments by order of court - 106A Order
    
    Indemnity
    
    Liberty to apply - Property
    
    Notation - Family provision claim negated
    
    Notation - Final resolution of financial relationship section 81
    
    Occupation and vacation of property pending sale
    
    Orders for initiating application when asset pool incomplete
    
    Parties to do all things necessary to give effect to orders
    
    Payment of mortgage and outgoings pending sale
    
    Possession to be delivered to the other party
    
    Resign-appoint as director-secretary-public officer
    
    Sale of property and division of proceeds
    
    Severance of joint tenancies
    
    Spousal maintenance
    
    Transfer business
    
    Transfer business name
    
    Transfer of all entities companies trusts both business and personal
    
    Transfer property - Self-represented parties
    
    Transfer property and payment including default interest and enforcement provisions
    
    Transfer property to one party and remortgage
    
    Transfer property to one party and remortgage with sale on default
    
    Transfer shares
  - General orders
    
    Adjournment
    
    Affidavit of discovery to be filed
    
    Conciliation conference
    
    Counsel reasonable to brief
    
    Direction for filing
    
    Discharging previous orders - Select orders
    
    Discovery within 14 days
    
    Expert's report to be filed and served
    
    Experts confer and file joint statement
    
    Financial statement to be filed
    
    Further affidavits to be filed for interim application
    
    Liberty to apply - General
    
    Other applications dismissed
    
    Remove from active pending cases list
    
    Remove hearing from list
    
    Restraining order party - Party
    
    Transfer of proceedings
    
    Vacation of hearing date
  - Children orders
    
    Agreement not to relocate
    
    Alcohol and drugs prohibition
    
    Alcohol not consumed within 12 hours of handover
    
    Answer questions on affidavit
    
    Change of name - Additional name
    
    Change of name - First name
    
    Change of name - General
    
    Change of name - Hyphenated surname
    
    Change of name - Restrained from using a particular name
    
    Changeovers
    
    Changeovers - At school
    
    Changeovers - Child delivered by
    
    Changeovers - Delivery to home
    
    Changeovers - Location
    
    Changeovers - Not to remain after
    
    Changeovers - Specified person not to attend
    
    Changeovers - Supervised location
    
    Child maintenance
    
    Child maintenance capitalised
    
    Child maintenance pending support assessment
    
    Child support order lump sum
    
    Child support order not to be credited against assessment
    
    Child support order to be credited against assessment
    
    Child support order varying assessment
    
    Child urgent interim maintenance
    
    Commonwealth information order - One-off location search
    
    Commonwealth information order - One-off location search plus violence information
    
    Commonwealth information order - Periodic location search
    
    Commonwealth information order - Periodic location search plus violence information
    
    Communication - Written and telephone
    
    Communication - Written
    
    Discharging previous orders - All orders
    
    Equal responsibility, living with and spending time with
    
    Independent children's lawyer
    
    Live with each party for a period
    
    Live with each party for a period - Week about
    
    Living arrangements relocation and communication
    
    Location order individual
    
    Medical treatment decisions
    
    Medical treatment decisions one party responsible
    
    Medical treatment not without consulting other party
    
    Non-molestation order
    
    Notation - Encourage good relationships
    
    Obligation to provide contact details
    
    Overnight away from party's home not permitted
    
    Parental responsibility - No consultation unless major long term issue
    
    Passport consent dispensed with
    
    Passports application not to be made
    
    Passport - Consent dispensed with - Issue and renewal
    
    Passport - Holding passports pending travel
    
    Passport - Passports department to issue
    
    Passport - Registrar to hold pending orders or consent
    
    Passports to be surrendered
    
    Paternity test
    
    Recovery order parties
    
    Recovery order police and others
    
    Refrain from denigrating or criticising
    
    Refrain from discussing proceedings and counselling other than as ordered
    
    Refrain from making critical or derogatory remarks
    
    Religious instruction
    
    Report by family consultant
    
    Restraint from leaving the Commonwealth of Australia
    
    Schooling - School to attend
    
    Schooling sole responsibility
    
    Sole parental responsibility
    
    Sole parental responsibility - Consult and advise other party
    
    Sole parental responsibility - Education
    
    Sole parental responsibility - Exception school and medical
    
    Sole parental responsibility - General
    
    Sole parental responsibility - Major long term issues
    
    Sole parental responsibility - Major long term issues extensive
    
    Sole parental responsibility - Sporting activities
    
    Spend time alternate weekends one midweek night
    
    Spending time - Child's birthday
    
    Spending time - Parent's birthday
    
    Spending time - Refrain from seeing person
    
    Spend time with and communicate as agreed
    
    Spending time with grandparents
    
    Spending time with grandparents - Notation
    
    Spending time holidays, Christmas and Easter
    
    Spending time - Father's Day and Mother's Day
    
    Supervision of time spent with a party
    
    Telephone communication - Every other night
    
    Telephone communication - Everynight
    
    Telephone communication - Extensive
    
    Telephone communication - One evening a week
    
    Urinalysis and hair follicle testing - Monthly
    
    Urinalysis and hair follicle testing - Weekly
    
    Varying previous orders
    
    Watchlist order - Absolute prohibition on travel
    
    Watchlist order - Conditional prohibition on travel
  - Superannuation orders
    
    Splitting orders
    
    Accumulation interest - Growth phase, base amount
    
    Accumulation interest - Growth phase, percentage split
    
    Defined benefit - Payment phase, base amount
    
    Defined benefit - Payment phase, percentage split
    
    SMSF - Accumulation interest - Growth phase, base amount
    
    SMSF - Accumulation interest - Growth phase, percentage split
    
    Flagging orders
    
    Flagging order
    
    Flag lifting order
    
    Retention by parties
    
    Retention by parties
- Library of affidavit clauses
  - Agreed value of house
  - Assets and or chattels already divided
  - Chattels to be divided equally
  - Children names and dates of birth
  - Entitlement to life insurance policy
  - Entitlement to proceeds of superannuation policy or fund
  - House encumbrance details
  - House to be sold and divided equally
  - House unencumbered
  - Joint asset details
  - Joint proprietors of house
  - Marriage date
  - Marriage date and divorce date
  - Marriage date application for divorce filed
  - Motor vehicles
  - No children
  - Partnership between parties details
- Children AI prompt library
  - How to use Matter AI for Word
  - Prompt for Affidavit in support of application about changeover
  - Prompt for Affidavit in support of application about communications between parents
  - Prompt for Affidavit in support of application not to hinder vaccinations
  - Prompt for Affidavit in support of application about extra-curricular activities
  - Prompt for Affidavit in support of application about passports
  - Prompt for Affidavit in support of application about interstate relocation
  - Prompt for Affidavit in support of application about physical discipline
  - Prompt for Affidavit in support of application for alcohol or illicit drug testing
  - Prompt for Affidavit in support of application about which school the child should attend
  - Prompt for Affidavit in support of application for responsibility about the child's health
  - Prompt for Affidavit in support of application not to use a child as a messenger
  - Prompt for Affidavit in support of application about attendance at school events
  - Prompt for Affidavit in support of application to change a child’s name
  - Prompt for Initiating family law parenting affidavit
- eFiling
  
  The Commonwealth Courts Portal is available at any time for filing most documents. The portal also provides registered users with access to information about cases before the courts, including documents filed, future court dates, outcomes, and any orders made.
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- If required - Court Fees - Exemption, reduction and refund
  - Court fees – Reduction and exemption
    
    The Family Law (Fees) Regulation 2022 sets the fees for family law matters. Parties can apply for a reduction of court fees or an exemption from paying court fees in certain circumstances. A person may be eligible for a reduced fee if they:
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  - Brochure - Guidelines for exemption of court fees
  - Application for exemption from fees - financial hardship (not to be used for divorce)
  - Application for exemption from fees - general (not to be used for divorce)
  - Request for deferral of court fees
  - Request for refund of court fees
- Service
  
  Types of service Service in family law matters is under Part 2.6 of the Family Law Rules 2021. Table 2.2 of r 2.28 sets out 3 types of service:
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- Letter to process server
- Request to attend by electronic communication
- If required - Substituted service and dispensing with service
  - Substituted service and dispensation of service
    
    If service has not been possible, r 2.34 of the Family Law Rules 2021 provides for when it may be effected in another way, substituted, or dispensed with. Rule 2.34(2) sets out factors the court may consider:
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  - Application in a proceeding
  - Clause - Application in a proceeding for substituted service
  - Affidavit - Family law and child support proceedings
  - Clause - Affidavit in support of application in a proceeding for substituted service
- If required - Urgent applications
  - Urgent applications
    
    An Initiating Application and affidavit in support are required if seeking urgent orders at the start of a case. If either party seeks urgent orders after proceedings have commenced, they can file an Application in a Proceeding with an affidavit in support.
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  - Applications without notice
    
    Under r 5.11 of the Family Law Rules 2021, an applicant seeking an interim or procedural order without notice to the respondent must satisfy the court as to why:
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  - Abuse and family violence
  - Children orders
    
    Agreement not to relocate
    
    Alcohol and drugs prohibition
    
    Alcohol not consumed within 12 hours of handover
    
    Answer questions on affidavit
    
    Change of name - Additional name
    
    Change of name - First name
    
    Change of name - General
    
    Change of name - Hyphenated surname
    
    Change of name - Restrained from using a particular name
    
    Changeovers
    
    Changeovers - At school
    
    Changeovers - Child delivered by
    
    Changeovers - Delivery to home
    
    Changeovers - Location
    
    Changeovers - Not to remain after
    
    Changeovers - Specified person not to attend
    
    Changeovers - Supervised location
    
    Child maintenance
    
    Child maintenance capitalised
    
    Child maintenance pending support assessment
    
    Child support order lump sum
    
    Child support order not to be credited against assessment
    
    Child support order to be credited against assessment
    
    Child support order varying assessment
    
    Child urgent interim maintenance
    
    Commonwealth information order - One-off location search
    
    Commonwealth information order - One-off location search plus violence information
    
    Commonwealth information order - Periodic location search
    
    Commonwealth information order - Periodic location search plus violence information
    
    Communication - Written and telephone
    
    Communication - Written
    
    Discharging previous orders - All orders
    
    Equal responsibility, living with and spending time with
    
    Independent children's lawyer
    
    Live with each party for a period
    
    Live with each party for a period - Week about
    
    Living arrangements relocation and communication
    
    Location order individual
    
    Medical treatment decisions
    
    Medical treatment decisions one party responsible
    
    Medical treatment not without consulting other party
    
    Non-molestation order
    
    Notation - Encourage good relationships
    
    Obligation to provide contact details
    
    Overnight away from party's home not permitted
    
    Parental responsibility - No consultation unless major long term issue
    
    Passport consent dispensed with
    
    Passports application not to be made
    
    Passport - Consent dispensed with - Issue and renewal
    
    Passport - Holding passports pending travel
    
    Passport - Passports department to issue
    
    Passport - Registrar to hold pending orders or consent
    
    Passports to be surrendered
    
    Paternity test
    
    Recovery order parties
    
    Recovery order police and others
    
    Refrain from denigrating or criticising
    
    Refrain from discussing proceedings and counselling other than as ordered
    
    Refrain from making critical or derogatory remarks
    
    Religious instruction
    
    Report by family consultant
    
    Restraint from leaving the Commonwealth of Australia
    
    Schooling - School to attend
    
    Schooling sole responsibility
    
    Sole parental responsibility
    
    Sole parental responsibility - Consult and advise other party
    
    Sole parental responsibility - Education
    
    Sole parental responsibility - Exception school and medical
    
    Sole parental responsibility - General
    
    Sole parental responsibility - Major long term issues
    
    Sole parental responsibility - Major long term issues extensive
    
    Sole parental responsibility - Sporting activities
    
    Spend time alternate weekends one midweek night
    
    Spending time - Child's birthday
    
    Spending time - Parent's birthday
    
    Spending time - Refrain from seeing person
    
    Spend time with and communicate as agreed
    
    Spending time with grandparents
    
    Spending time with grandparents - Notation
    
    Spending time holidays, Christmas and Easter
    
    Spending time - Father's Day and Mother's Day
    
    Supervision of time spent with a party
    
    Telephone communication - Every other night
    
    Telephone communication - Everynight
    
    Telephone communication - Extensive
    
    Telephone communication - One evening a week
    
    Urinalysis and hair follicle testing - Monthly
    
    Urinalysis and hair follicle testing - Weekly
    
    Varying previous orders
    
    Watchlist order - Absolute prohibition on travel
    
    Watchlist order - Conditional prohibition on travel
  - Notice of child abuse, family violence or risk
  - Application in a proceeding
  - Affidavit - Family law and child support proceedings
  - Family violence information sheet
  - Response to an application in a proceeding
- If required - Interim applications
  - Interim applications and interim hearings
    
    If the existing parenting arrangements do not place a child at risk of harm, it is rarely necessary or appropriate to make an application for interim orders. The preferred approach is to seek final orders and have trial directions made as soon as possible. The best interests of the child are always ...
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  - Fast track hearing list
    
    The court can refer a matter to the fast track hearing list before allocating a final hearing date. In considering suitability for fast-tracking, the court will consider whether:
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  - Notice of child abuse, family violence or risk
  - Letter to client with costs estimate for court rule compliance
  - Outline of case document (interim hearing)
  - Interim applications outline of submissions
  - Application in a proceeding
  - Affidavit - Family law and child support proceedings
  - Response to an application in a proceeding
- First Court Event
  
  The First Court Event is a directions hearing before a Judicial Registrar. It occurs within 2 months of filing. See paragraphs 6.1 to 6.9 of the Central Practice Direction.
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- Undertaking as to disclosure
- Dispute resolution after proceedings have commenced
  
  The court is committed to resolving disputes as efficiently as possible. Within 5 months of the commencement of a proceeding, the court will require parties to participate in dispute resolution. If the court is satisfied that the means and resources of the parties are appropriate for the ...
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- Certificate of dispute resolution
- Mention
  
  For cases not listed for a fast track hearing, the first event after dispute resolution is usually a mention not more than 2 weeks after the dispute resolution event to prepare for the Compliance and Readiness Hearing.
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- Fast track hearing list
  
  The court can refer a matter to the fast track hearing list before allocating a final hearing date. In considering suitability for fast-tracking, the court will consider whether:
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- If required - Independent children's lawyer
  - Independent children’s lawyer
  - Guidelines for Independent Children's Lawyers - Family Law Courts
- Court Child Expert
  
  When parties in children’s proceedings have not reached an agreement, the court may order them to meet with a Court Child Expert, also known as a family consultant, an experienced psychologist, or a social worker employed by the court. There are 2 types of conferences that may be ordered at an ...
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- Brochure - Court child experts FAQs
- Brochure - Child impact report FAQs
- If required - Family report
  - Family Reports
    
    Under s 62G of the Family Law Act 1975 the court can order a Family Report of its own volition or on application by a party. Reports are written by either a private family report writer or a Court Child Expert. Family Reports are not required in every case. The court’s order will specify ...
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  - Letter to client re family report - Private appointment
  - Letter to client re family report - Court appointment
  - Letter of appointment to psychologist for a private family report
  - Brochure - Family reports FAQs
  - Brochure - Family consultant FAQs
- If required - Single expert witness report
  - Letter to single expert witness
  - Brochure - Expert witnesses in family law
  - Enclosure - Divisions 7.1.4, 7.1.5 and 7.1.6 of the Family Law Rules 2021
  - Clause - Affidavit of single expert witness annexing report
  - Clause - Affidavit of one party's expert witness annexing report
- Compliance and Readiness Hearing
  
  For cases not listed for a fast track hearing, the parties will attend a Compliance and Readiness Hearing before a Judge or Senior Judicial Registrar 6 months after filing. See paragraphs 6.47 to 6.54 of the Central Practice Direction. The primary purposes of the Compliance and ...
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- Certificate of readiness
- Standard trial directions - Schedule B to Central Practice Direction
- If required - Subpoenas and information sharing orders
  - Subpoenas and information sharing orders
    
    For more information about subpoenas see: 101 Subpoena Answers in the Reference Materials folder on the matter plan;
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  - Subpoena - Family Law
  - Notice of objection - subpoena
  - Subpoena – Information for named person or other person (served with a subpoena)
  - Affidavit - Family law and child support proceedings
  - Notice of request to inspect
  - Order for information from information sharing agency
    
    Order for State or Territory agency to provide the court with information and particulars (section 67ZBD(1))
    
    Order for State or Territory agency to provide the court with specified documents or information (section 67ZBE)
- The Harman undertaking
  
  Information obtained by discovery, disclosure, produced under subpoena, provided under an information sharing order, or included in an affidavit cannot be used for a collateral or ulterior purpose unrelated to the proceedings. This is called the implied or Harman undertaking after Harman v ...
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- Audio and video recordings as evidence
  
  The use of handheld devices has made it easier for parties in family law proceedings to secretly obtain audio and video recordings that they seek to use as evidence. The court has described this as relatively common and recordings are admissible in most cases.
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- Social media evidence
  
  Evidence obtained via social media is common in family law proceedings. Evidence obtained from sources such as Facebook can be useful, but also potentially damaging. The public nature of social media means its content rarely remains private. Even if the client thinks their account is private and ...
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- If required - Discontinuance
  - Discontinuance
    
    Under r 10.02 of the Family Law Rules 2021, a party may discontinue an application or response by filing a Notice of Discontinuance and serving it on each other party. Leave of the court is required:
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  - Summary decrees
    
    Part XIB of the Family Law Act 1975 and r 10.09 of the Family Law Rules 2021 set out the court’s powers and the procedure for dealing with proceedings that have no reasonable prospect of success, or that are frivolous, vexatious, or harmful. A party can apply at any time by filing an ...
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  - Harmful proceedings orders
    
    Under s 102QAC the court can make an order to prevent a party bringing proceedings the court determines are harmful, being those that may cause harm to another party or to a child involved in the proceedings. Such an order can be made either on the court's own initiative or on application by a ...
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  - Affidavit - Family law and child support proceedings
  - Notice of discontinuance
  - Application in a proceeding
- Prompt for Brief to Counsel
- If required - Ceasing to act
  - Ceasing to act
    
    If a lawyer intends to cease acting, notice to the client and the court is required. A Notice of Ceasing to Act, available on the matter plan, must be served on the client with a blank Notice of Address for Service.
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  - Notice of ceasing to act
  - Notice of address for service
- Brief to counsel
- Trial management hearing
  
  Each case may be listed for a trial management hearing if the judge thinks it appropriate: see paragraphs 6.55 to 6.57 of the Central Practice Direction. The trial Judge may list the case for a trial management hearing before the final hearing.
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- Procedure at the trial
  
  The parties are sworn in, and everything said becomes evidence in the case from that point on. The judge will make determinations as to:
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- Letter to client with costs estimate for court rule compliance
- Outline of case document (final hearing)
- Example content - Outline of case document (final hearing) - Chronology of events
- If required - Family violence and cross examination of parties
  - Family violence and cross-examination of parties
    
    See Abuse and family violence and consider any rules applicable to cases in the Evatt List. The following sections of the Family Law Act 1975 apply to cross-examination:
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  - Brochure - The impact of family violence on children
  - Notice of child abuse, family violence or risk
  - Application in a proceeding
  - Affidavit - Family law and child support proceedings
  - Acknowledgment - information from a family counsellor or family dispute resolution practitioner
  - Response to an application in a proceeding
- If required - Undertakings
  - Undertakings
    
    An undertaking is a promise to do something or not do something. The recipient is entitled to rely on it. An undertaking is usually given voluntarily, compared to an injunction which is an order of the court.
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  - Undertaking
- Judgments and orders
  
  Judgments are usually delivered within 3 months. See paragraph 6.61 of the Central Practice Direction for how to enquire about overdue judgments.
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- Costs
  
  The general principle in family law matters is that each party pays their costs: s 114UB of the Family Law Act 1975. Costs orders for the whole of proceedings are rare. Even if a party has made an offer and the final orders are more favourable to that party than the offer, the court will ...
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- Appeals
  
  The table summarises the process for appeals from Divisions 1 and 2 of the Federal Circuit and Family Court of Australia (FCFCOA). Division 1 has the jurisdiction to hear appeals as follows:
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F. Breaches of orders
- If required - Family Court of WA
  - Appendix A – The Family Court of Western Australia
  - eCourts Portal of Western Australia
  - Forms for the Family Court of WA
    
    Brochures
    
    AG Publication - Parenting orders: What you need to know
    
    Arbitration
    
    Australian standards of practice for family assessment and reporting
    
    Chapter 19 costs notice
    
    Conference of experts
    
    Enforcement hearings
    
    Guide for Lawyers and Parties in PPP500
    
    Guidelines for exemption of court fees
    
    Guidelines for reduced fee - divorce and decree nullity application
    
    Marriage Families & Separation
    
    Parenting orders - obligations, consequences and who can help
    
    Preparing for the first court date PPP500
    
    Subpoena - information for people requesting issue of a subpoena
    
    Subpoena - information for people who have been served with a subpoena
    
    Third party debt notices
    
    Kits
    
    Financial statement kit
    
    Superannuation kit
    
    Acknowledgment - information from a family counsellor or family dispute resolution practitioner
    
    Acknowledgment of service
    
    Affidavit
    
    Affidavit of translation of marriage certificate
    
    Affidavit of proof of identity
    
    Affidavit of proof of signature
    
    Affidavit of service
    
    Annexure page to Affidavit
    
    Application - contempt
    
    Application - contravention
    
    Application for consent orders
    
    Application for exemption from fees - financial hardship (not to be used for divorce)
    
    Application for exemption from fees - general (not to be used for divorce)
    
    Application in a case
    
    Application for reduction of payment of divorce or decree of nullity - financial hardship
    
    Application for reduction of payment of divorce or decree of nullity - general
    
    Bankruptcy - arrest warrant
    
    Brief to counsel
    
    Case information affidavit
    
    Callover certificate
    
    Certificate of conferral
    
    Conciliation conference particulars
    
    Consent order annexure
    
    Enforcement warrant - seizure and sale of property
    
    Family dispute resolution - exemption form
    
    Financial statement
    
    Initiating Application
    
    Itemised costs account
    
    Minute of consent orders
    
    Notice disputing itemised costs account
    
    Notice of address for service
    
    Notice of appeal
    
    Notice of ceasing to act
    
    Notice of change of name
    
    Notice of child abuse and family violence (or risk)
    
    Notice of discontinuance
    
    Notice of payment into court
    
    Notice of intervention by persons entitled to intervene
    
    Notice of non-party production of documents
    
    Notice of objection to hearing in absence of parties
    
    Notice of request to inspect
    
    Reply to response to initiating application
    
    Request for deferral of court fees
    
    Request for refund of court fees
    
    Request for supply of court documents
    
    Request to attend by electronic communication
    
    Response to an application for divorce
    
    Response to an application in a case
    
    Subpoena
    
    Superannuation information kit
    
    Third party debt notice
    
    Response to initiating application
    
    Undertaking
    
    Undertaking as to disclosure
- Commonwealth Courts Portal
- Considerations before seeking to enforce orders
  
  Enforcement and contravention applications can be time-consuming, expensive, potentially pointless, and often not in the best interests of the child. Parties often think they can enforce orders simply because they exist.
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- Enforcement applications
  
  Enforcement applications are about getting a party to do what they should under the order. They are used where one party does not want the other party punished by fine or imprisonment for the breach but instead seeks a quick remedy to ensure adherence to the arrangements in the original order. The ...
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- Contravention applications
  
  In response to a contravention application, the court can impose sanctions on parties for failure to comply with parenting orders. As with all other matters before the court, the principal object of the legislation is to meet the best interests of the child. The Federal Circuit and Family Court of ...
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- Applications under the Hague Convention
  
  If proceedings for a parenting order are pending, a child the subject of the proposed order cannot be removed from Australia. A child subject to a parenting order cannot be removed from Australia without the consent of all parties to the order, or by a further court order.
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- Application - enforcement
- Enforcement hearings
- If required - WA - Enforcement hearings
  - Enforcement hearings
- Application - contravention
- Affidavit - Family law and child support proceedings
- Letter to other side re contravention
- Brief to counsel
- Prompt for Brief to Counsel
G. Finalising the matter
- Letter to client finalising the matter
- Example invoices incorporating notification of rights
  - Example invoice incorporating notification of client's rights - NSW
  - Example invoice incorporating notification of client's rights - VIC
  - Example invoice incorporating notification of client's rights - QLD
  - Example invoice incorporating notification of client's rights - SA
  - Example invoice incorporating notification of client's rights - TAS
  - Example invoice incorporating notification of client's rights - ACT
  - Example invoice incorporating notification of client's rights - NT
  - Example invoice incorporating notification of client's rights - WA
- Invoice recital - Family law
- Closing the file
- File closing checklist
Appendix A – The Family Court of Western Australia
Comments and suggestions for By Lawyers

ALERT - This guide has been updated for new regulations that commenced on 1 April 2025, and amendments to the Family Law Act 1975 that commenced on 10 June 2025.

This guide has been updated for new regulations that commenced on 1 April 2025, and amendments to the Family Law Act 1975 that commenced on 10 June 2025.
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Full Commentary - Financial Agreements
Reference materials
- AI Prompts
  
  An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...
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- Looking to the Future
- 101 Family Law Answers
- Electronic Signing and Witnessing
- 101 Subpoena Answers
- 101 Costs Answers
- Papers and articles - Family Law
  - Consent orders in property settlement
  - Improving written submissions - A paper by Judge Alan Troy
  - Plain language – A paper by the Hon. Michael Kirby AC CMG
- Further information
Overview

Financial agreements can be made under the Family Law Act 1975 (Cth) to deal with all aspects of the division of the parties’ property, including superannuation interests. Financial agreements for de facto couples in all states which have referred their powers to the Commonwealth are governed by ...
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Financial agreement legislation compared

Marital, de facto, and de facto in Western Australia
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A. Getting the matter underway
- If required - Family Court of WA
  - The Family Court of Western Australia
    
    The Family Court of Western Australia (FCWA) is a court of record and a state court governed by the Family Court Act 1997.
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- File cover sheet - Financial agreements
- To do list - Financial agreements
- First steps
- Client details and verifying identity
- Retainer instructions - Financial agreements
- Conflict of interest check
- Letter to client confirming instructions and enclosing costs agreement - Before separation
- Letter to client confirming instructions and enclosing costs agreement - After separation
- Costs agreements - Financial agreements
  - Australian Capital Territory
    
    Costs agreement - ACT
    
    Scope of work - Financial agreements
    
    Scale of costs in family law and child support matters
  - New South Wales
    
    Costs agreement - NSW
    
    Scope of work - Financial agreements
    
    Scale of costs in family law and child support matters
  - Northern Territory
    
    Costs agreement - NT
    
    Scope of work - Financial agreements
    
    Scale of costs in family law and child support matters
  - Queensland
    
    Initial letter to client enclosing costs agreement
    
    Costs agreement - QLD
    
    Scope of work - Financial agreements
    
    Scale of costs in family law and child support matters
    
    Abbreviated costs disclosure - Costs under $3000
  - South Australia
    
    Costs agreement - SA
    
    Scope of work - Financial agreements
    
    Scale of costs in family law and child support matters
  - Tasmania
    
    Costs agreement - TAS
    
    Scope of work - Financial agreements
    
    Scale of costs in family law and child support matters
  - Victoria
    
    Costs agreement - VIC
    
    Scope of work - Financial agreements
    
    Scale of costs in family law and child support matters
  - Western Australia
    
    Costs agreement - WA
    
    Scope of work - Financial agreements
    
    Scale of costs in family law and child support matters
    
    Standard costs disclosure form for clients - Fees under $3000
- Time and costs estimates
- If required - Updating costs disclosure
  - Letter to client updating costs disclosure
  - Letter to client with costs estimate for court rule compliance - Financial proceedings
  - Letter to client with costs estimate for court rule compliance
- Taking instructions in financial agreement matters
  
  When first meeting the client, it is necessary to determine their needs and objectives, such as whether they are:
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- Letter to client regarding disclosure for a financial agreement
- Enclosure - Section 4AB of the Family Law Act 1975 - Definition of family violence
- General deeds, agreements, execution clauses, and statutory declarations
  - Deeds and Agreements
  - Deeds
    
    Deed for general use
    
    Deed of guarantee
    
    Deed of release
    
    General deed of indemnity
    
    Deed of assignment of agreement
    
    Deed of gift
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality for defined information - All parties
    
    Confidentiality for defined information - One party
    
    Confidentiality for terms of deed - All parties
    
    Confidentiality for terms of deed - One party
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Heads of agreement
    
    Non-disclosure agreement - Formal
    
    Non-disclosure agreement - Informal
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality for defined information - All parties
    
    Confidentiality for defined information - One party
    
    Confidentiality for terms of agreement - All parties
    
    Confidentiality for terms of agreement - One party
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Waiver
    
    Whole agreement
  - Execution clauses
    
    Library of execution clauses for agreements
    
    Attorney
    
    Authorised officer
    
    Company
    
    Company - Sole director
    
    Individual
    
    Individual - No witness
    
    Library of execution clauses for deeds
    
    Attorney
    
    Authorised officer
    
    Company
    
    Company - Sole director
    
    Individual
  - Statutory declarations
    
    Commonwealth statutory declaration
    
    Statutory declaration - blank - ACT
    
    Statutory declaration - blank - NSW
    
    Statutory declaration - blank - VIC
    
    Statutory declaration - blank - QLD
    
    Statutory declaration - blank - TAS
    
    Statutory declaration - blank - SA
    
    Statutory declaration - blank - WA
    
    Statutory declaration - blank - NT
    
    Standard annexure note for documents
  - Standard annexure note for documents
B. Initial considerations
- Legislative compliance
  
  The legislation provides checklists outlining when financial agreements are binding:
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- Setting financial agreements aside
  
  Although commonly referred to as binding, and despite the parties intending them to be final, it is always possible for a court to set financial agreements aside. It is helpful to keep this front of mind from the outset of a matter, as most of the possible grounds to set aside an agreement can be ...
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- Financial agreement legislation compared
  
  Marital, de facto, and de facto in Western Australia
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- Superannuation
  
  Superannuation splitting can be a major reason why clients might want to enter into a financial agreement. The flexibility of consent orders is limited in comparison to financial agreements. Section 90XT of the Family Law Act 1975 governs superannuation splitting in orders, where a split can ...
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- If required - Superannuation
  - Separation declaration pursuant to s90XP (superannuation split)
  - Clause - Self-managed superannuation fund - Flagging agreement
  - Letter to superannuation fund with draft agreement
  - Letter to superannuation fund following agreement
  - Regulation 144 notice to trustee - Payment split
  - Superannuation agreement - After separation
  - Superannuation agreement SMSF - After separation
  - Letter to client with draft agreement
  - Letter to other side with draft agreement
  - Letter to other side's solicitor with draft agreement
- Maintenance
  
  Spousal and child maintenance provisions A party to a binding financial agreement that deals with the parties' financial matters or financial resources forfeits their right to bring a spouse maintenance claim: see ss 71A of the Family Law Act 1975 for married couples and s 90SA if de ...
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- Death of a party
  
  When parties enter financial agreements, particularly before entering into a marriage or de facto relationship, their estate planning will likely need concurrent consideration, to reflect their intentions, and it may need to be revisited at regular intervals.
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C. Agreements before a relationship
- Before marriage
  - Before marriage
    
    Commonly called a pre-nuptial agreement, or pre-nup, a financial agreement before marriage under s 90B of the Family Law Act 1975 allows parties to exclude the Act's usual operation concerning the following matters:
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  - Financial agreement s90B - In contemplation of marriage
  - Financial agreement s90B - In contemplation of marriage (separate property only)
- Before a de facto relationship
  - Before a de facto relationship
    
    Under s 90UB of the Family Law Act 1975, people contemplating entering into a de facto relationship can make a financial agreement for the following matters:
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  - Financial agreement s90UB - In contemplation of de facto relationship
  - Financial agreement s90UB - In contemplation of de facto relationship (separate property only)
- If required - Western Australia - De facto agreements
  - Before a de facto relationship
    
    Under s 90UB of the Family Law Act 1975, people contemplating entering into a de facto relationship can make a financial agreement for the following matters:
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  - Before a relationship
    
    Financial agreement s205ZN - In contemplation of de facto relationship Western Australia
    
    Financial agreement s205ZN - In contemplation of de facto relationship (separate property only) Western Australia
  - During and after a de facto relationship
    
    There are similar provisions under the Family Law Act 1975 for financial agreements to be made during a de facto relationship under s 90UC and after the de facto relationship breakdown under s 90UD. The provisions for Western Australia are in s 205ZO and s 205ZP of the Family ...
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  - During the relationship
    
    Financial agreement s205ZO - During de facto relationship Western Australia
    
    Financial agreement s205ZO - During de facto relationship (separate property only) Western Australia
  - Following separation
    
    Financial agreement s205ZP - After separation of de facto relationship Western Australia
  - Letter to client with draft agreement
  - Letter to other side with draft agreement
  - Letter to other side's solicitor with draft agreement
  - Letter to other side's solicitor with transfer and discharge authority
- Letter to client with draft agreement
- Letter to other side with draft agreement
- Letter to other side's solicitor with draft agreement
D. Agreements during and after a relationship
- Marital relationship
  - During a marriage, following separation, and after divorce
    
    A s 90C of the Family Law Act 1975 agreement can be made while the parties are living harmoniously. The trigger for the implementation of the agreement is the making by either party of a signed separation declaration under s 90DA to the effect that the parties have separated, are living ...
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  - During the marriage
    
    Financial agreement s90C - During marriage
    
    Financial agreement s90C - During marriage (separate property only)
  - Following separation
    
    Financial agreement s90C - After separation
    
    Financial agreement s90D - After divorce
    
    Separation declaration pursuant to s90DA
    
    Financial agreement - Spousal maintenance
- De facto relationship
  - During and after a de facto relationship
    
    There are similar provisions under the Family Law Act 1975 for financial agreements to be made during a de facto relationship under s 90UC and after the de facto relationship breakdown under s 90UD. The provisions for Western Australia are in s 205ZO and s 205ZP of the Family ...
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  - During the relationship
    
    Financial agreement s90UC - During de facto relationship
    
    Financial agreement s90UC - During de facto relationship (separate property only)
  - Following separation
    
    Financial agreement s90UD - After separation of de facto relationship
    
    Separation declaration pursuant to s90UF
    
    Financial agreement - Spousal maintenance
- Combined for de facto relationship and subsequent marriage
  - Combined financial agreement for de facto relationship and subsequent marriage
  - Combined financial agreement s90UC and s90B - During de facto relationship and subsequent marriage
- If required - Western Australia - De facto agreements
  - Before a de facto relationship
    
    Under s 90UB of the Family Law Act 1975, people contemplating entering into a de facto relationship can make a financial agreement for the following matters:
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  - Before a relationship
    
    Financial agreement s205ZN - In contemplation of de facto relationship Western Australia
    
    Financial agreement s205ZN - In contemplation of de facto relationship (separate property only) Western Australia
  - During and after a de facto relationship
    
    There are similar provisions under the Family Law Act 1975 for financial agreements to be made during a de facto relationship under s 90UC and after the de facto relationship breakdown under s 90UD. The provisions for Western Australia are in s 205ZO and s 205ZP of the Family ...
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  - During the relationship
    
    Financial agreement s205ZO - During de facto relationship Western Australia
    
    Financial agreement s205ZO - During de facto relationship (separate property only) Western Australia
  - Following separation
    
    Financial agreement s205ZP - After separation of de facto relationship Western Australia
  - Letter to client with draft agreement
  - Letter to other side with draft agreement
  - Letter to other side's solicitor with draft agreement
  - Letter to other side's solicitor with transfer and discharge authority
E. Advice and acknowledgement
- Legal advice
  - Legal advice
    
    To be effective under the Family Law Act 1975, parties to a financial agreement must receive advice from a legal practitioner before signing the agreement as to the:
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  - Letter to client with advice when agreement has been drafted by us
  - AI Prompt for letter to client with advice when agreement has been drafted by us
  - Letter to client with advice when agreement has been drafted by us - De facto Western Australia
  - Letter to client with advice when agreement has been drafted by other side's solicitor
  - AI Prompt for letter to client with advice when agreement has been drafted by other side's solicitor
  - Letter to client with advice when agreement has been drafted by other side's solicitor - De facto Western Australia
  - If the lawyer believes an agreement is unjust
    
    When a client insists on signing an agreement the lawyer considers unjust and not in the client's interests, it is best practice to send the client a letter confirming the advice before they sign. The precedent Letter to Client Who Signs Agreement Contrary to Advice on the matter plan advises the ...
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  - Letter to client who signs agreement contrary to advice
  - Letter to client who signs agreement contrary to advice - De facto Western Australia
- Acknowledgement of advice
  - Acknowledgement of advice on financial agreement
  - Acknowledgement of independent legal advice - Married
  - Acknowledgement of independent legal advice - De facto
  - Acknowledgement of independent legal advice - De facto Western Australia
F. Termination
- Termination
  
  To terminate a financial agreement, a party can include a termination clause in a further financial agreement or enter into a termination agreement if a new financial agreement is not required. See:
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- Termination of financial agreement - Married
- Termination of financial agreement - De facto
- Termination of financial agreement - De facto Western Australia
G. Enforcement
- Validity, enforceability, and effect
  
  The scope for the type of orders a court may make to facilitate the enforcement of orders is broad. Sections 90G(2) for married couples, or s 90UJ(4) for de facto couples, provides that:
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- Options for enforcement
  
  Application in a proceeding If there have been proceedings between the parties, an Application in a Proceeding can be filed, seeking that the relevant provisions of the financial agreement be enforced as orders of the court. Rule 2.01 of the Family Law Rules 2021 applies.
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- Considerations before commencing proceedings
  
  Enforcement applications can be time-consuming and costly. Clients often wrongly believe they can enforce a financial agreement simply because they have signed it and one party has not complied. Assess the likelihood that the other party will argue the agreement is not binding under ss 90G or ...
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- Pre-action procedures
  
  Enforcement requires an application to the FCFCOA. Prospective parties to property proceedings must comply with the pre-action procedures set out in Part 1 of Schedule 1 of the Family Law Rules 2021. Parties are expected to take genuine steps to resolve their issues before commencing ...
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- The court
  
  The Federal Circuit and Family Court of Australia (FCFCOA) has 2 divisions:
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- The rules
  
  The 2 divisions of the FCFCOA each have a set of rules:
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- The court’s Central Practice Direction
  
  Before filing an Initiating Application or a Response to an Initiating Application, lawyers must give their clients a copy of the court’s Central Practice Direction. There is a precedent letter and brochure on the matter plan for this purpose. The Central Practice Direction incorporates the ...
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- Affidavit - Family law and child support proceedings
- Letter to client with Central Practice Direction
- Central Practice Direction - Family Law Case Management
- The appropriate division of the court
  
  All proceedings are commenced in the Federal Circuit and Family Court of Australia (Division 2): s 50 of the Federal Circuit and Family Court of Australia Act 2021. The court performs triage on applications to allocate matters to the appropriate division and list.
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- Application - enforcement
- Application in a proceeding
- Clause - Enforcement - Order under section 90G
- Clause - Enforcement - Order under section 90K
- Clause - Enforcement - Order under section 90KA
- Letter to client with costs estimate for court rule compliance - Financial proceedings
- If required - Single expert witness report
  - Letter to single expert witness
  - Brochure - Expert witnesses in family law
  - Enclosure - Divisions 7.1.4, 7.1.5 and 7.1.6 of the Family Law Rules 2021
- If required - Subpoenas
  - Subpoena - Family Law
  - Affidavit - Family law and child support proceedings
  - Notice of request to inspect
  - Subpoena information for named person
H. Finalising the matter
- If required - Real property dealings
  - Verification of identity and Client authorisation
    
    Verification of identity certificate
    
    Client authorisation
  - Library of real property transfer and duties forms
    
    New South Wales
    
    Transfer
    
    Transfer without monetary consideration - Family Law matters only
    
    Transfer severing joint tenancy
    
    Application for exemption or refund - Break up of a marriage or de facto relationship
    
    Victoria
    
    Land Use Victoria - Forms
    
    Digital Duties forms - State Revenue Office Victoria
    
    Queensland
    
    Transfer
    
    Property information - transfer
    
    Dutiable transaction statement
    
    Declaration by Beneficiary/Transferee
    
    South Australia
    
    Transfer
    
    Statutory declaration - pursuant to Section 71CA
    
    Western Australia
    
    Transfer of land - T1
    
    Transfer of land - T2
    
    Foreign transfer duty declaration
    
    Application for exemption for transfer between spouses (including defacto partners)
    
    Northern Territory
    
    Transfer of lot
    
    Australian Capital Territory
    
    Transfer
    
    Tasmania
    
    Land Titles Act approved forms - LIST Tasmania
- Letter to other side with certified copy of final agreement
- Letter to other side's solicitor with certified copy of final agreement
- Letter to client with original signed agreement
- Letter to client finalising the matter
- Example invoices incorporating notification of rights
  - Example invoice incorporating notification of client's rights - NSW
  - Example invoice incorporating notification of client's rights - VIC
  - Example invoice incorporating notification of client's rights - QLD
  - Example invoice incorporating notification of client's rights - SA
  - Example invoice incorporating notification of client's rights - TAS
  - Example invoice incorporating notification of client's rights - ACT
  - Example invoice incorporating notification of client's rights - NT
  - Example invoice incorporating notification of client's rights - WA
- Invoice recital - Family law
- Closing the file
- File closing checklist
Comments and suggestions for By Lawyers

101 Family Law Answers
General
- Admissibility of evidence of settlement negotiations
  
  The admissibility of evidence of settlement negotiations is governed by s 131 of the Evidence Act 1995 (Cth). This section provides:
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- Amending applications, responses, and other documents
- Arbitration
  
  Arbitration is available under Division 4 of Part IIIB of the Family Law Act 1975. See the Family Law Practice Direction: Arbitration on the Federal Circuit and Family Court of Australia (FCFCOA) website. Referral to arbitration requires the consent of all parties.
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- Audio and video recordings
  
  In several cases, the court has admitted audio and video evidence but criticised a party’s actions in recording it. In Badger & Badger & Ors [2013] FMCAfam 124, a litigation guardian who was also a police officer recorded a telephone call, which was not admitted into evidence.
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- Client or witness in prison
  
  Rule 15.18 of the Family Law Rules 2021 provides that if a party to proceedings is in prison, they must attend by electronic communication. A client can arrange to adduce evidence from a witness in prison. The court and the other parties need to be advised at least 2 days before the ...
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- Companies and trusts
  
  Family lawyers may encounter several possible scenarios involving family companies and trusts. Two such examples are:
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- Conflicts of interest
  
  Conflicts of interest are considered in the family law context in McKay & Forrest [2018] FCCA 2287, which affirms the leading case in this area Osferatu & Osferatu [2015] FamCAFC 177. Osferatu in turn affirms the NSW Supreme Court decision of Kallinicos v Hunt [2005] NSWSC 1181 ...
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- Contacting a judge’s chambers
  
  Once proceedings are on foot, practitioners sometimes need to contact the chambers of the judge to whom a matter is docketed. If the approach is not done jointly, always obtain the other side's consent, and always copy the other parties on any communications. See the Communicating with chambers ...
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- Costs orders
  
  The general rule in family law proceedings is that each party pay their legal costs: s 117(1) of the Family Law Act 1975, subject to other sections of the Act. However, costs are always at the discretion of the court. Chapter 12 of the Family Law Rules 2021 addresses the assessment and ...
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- De facto and civil partnerships
  
  Jurisdiction The requirements to establish jurisdiction for de facto couples are far more onerous than for married couples. Registration of the relationship under state or territory law is not of itself conclusive evidence in the same way as a marriage certificate. A de facto relationship is a ...
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- Expert evidence
  
  Single experts Part 7.1 of the Family Law Rules 2021 aims to avoid evidence from multiple experts in parenting and property matters. If expert evidence is required on a disputed issue, most commonly valuation, it is usually provided by a single expert. This is more cost-effective for the ...
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- Family violence orders
  
  Section 68Q of the Family Law Act 1975 provides that to the extent that a family violence order made under a prescribed law of a state or territory to protect a person from family violence, including an interim order, is inconsistent with an order made under the Family Law Act concerning a ...
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- Injunctions
  
  Section 114(1) of the Family Law Act 1975 provides that, in proceedings between the parties to a marriage, the court can make such orders or grant such injunctions as it considers proper, including in relation to:
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- Litigation guardians
  
  Appointing a litigation guardian Part 3.5 of the Family Law Rules 2021 provides for a litigation guardian to be appointed.
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- Notations
  
  Notations are not binding and enforceable. Often, they are used to note that there is a Child Support Agreement or a Binding Financial Agreement, or the Section 81 Notation that the parties intend the orders to finalise the financial relationship between them. There is authority on this point ...
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- Settlement offers
  
  Section 114UB(3)(f) of the Family Law Act 1975 provides that the court may have regard to settlement offers that the parties have made at any time during the proceedings. Offers made under r 4.11 of the Family Law Rules 2021 regarding compulsory offers to settle in property proceedings ...
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- Subpoenas – ATO, Centrelink, and Child Support Registrar
- Undefended hearings
  
  Rule 10.26 provides for when a party is in default. Rule 15.19 sets out what the court can do if a party is absent from a proceeding.
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- Vexatious proceedings
  
  In order for proceedings to be dismissed on frivolous and vexatious grounds, there is a requirement that proceedings be frequently instituted: see Part XIB of the Family Law Act 1975, which is directed to the habitual litigant. Section 102QAB provides that the court can make vexatious ...
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Children
- Alienation
  
  The following cases illustrate the court’s approach to the alienation of a child from a parent:
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- Authenticated consent
  
  Sometimes, in parenting orders, such as when there is a watch list order, the court will order that the child be placed on the watch list until further order or subject to authenticated consent of the parties. This is also required under ss 65Y(2)(a), 65Z(2)(a), 65ZA(3)(a), and 65ZB(3)(a) of ...
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- Child maintenance
  
  See ss 66B, 66J, 66K, and 66L of the Family Law Act 1975 as to maintenance of children. Section 66K sets out the matters that the court must take into account in determining contributions that should be made by a party to child maintenance and includes:
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- Child support agreements – Setting aside
  
  Binding child support agreements can be set aside if exceptional circumstances have arisen since making the agreement. The exceptional circumstances must relate to a party to the agreement or a child in respect of whom the agreement is made, must have arisen since agreeing, and the court needs to ...
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- Consent to medical treatment and accessing health information
  
  Consent to medical treatment for minors and authority to access health information about minors are distinct issues. The common law long assumed that a person under 18 years of age did not have the capacity to consent to medical treatment. However, that position changed with Gillick v West ...
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- Family violence
  
  Section 43(1)(ca) of the Family Law Act 1975 provides that the court must have regard to the need to ensure protection from family violence. Family violence is defined very broadly in s 4AB to include not only physical violence, but verbal abuse, damage to property, injury ...
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- Foster children
  
  Foster children, although not the biological or legal child of a foster carer, may still be referred to in the recital of a financial agreement finalising property settlement. They may also be considered in a divorce application if they were treated as part of the family prior to the final ...
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- Legal parents
  
  Under s 60H of the Family Law Act 1975, the legal parents of a child born to a woman as a result of a consensual artificial conception procedure will usually be the woman and the other intended parent. In Masson v Parsons [2019] HCA 21, the High Court had to determine whether a sperm donor may ...
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- Legal representation during family report interviews
  
  In Tryon & Clutterbuck & Attorney-General of the Commonwealth (Intervenor) [2010] FamCAFC 229, the issue was whether parties ordered to attend a meeting with a family report writer have the right to legal representation during the interviews with the family report writer. The Full Court ...
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- Orders – Children with autism
  
  For orders related to children with autism, see Cullen & Cullen [2016] FamCA 110. In this case the court discussed the best interests of a child with autism and made specific orders for the decisions relating to major long-term issues of the child, which differed from the orders for the child ...
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- Orders – Drug testing regimes
- Orders – Grandparents
  
  While grandparents specifically have standing to make an application under s 65C of the Family Law Act 1975, it does not automatically mean orders will be granted. As with a parenting order, the court will always consider the grandparents' application through the prism of what is in the best ...
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- Orders – Other persons
  
  The applicant needs to satisfy the court that they are a person concerned with the care, welfare, or development of the child under s 65C(c). Venkatesan & Pawar [2007] FMCAfam 1109 was a case involving an application by an aunt and uncle, in which the court said at [9]:
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- Orders – Variation and the rule in Rice and Asplund
- Orders – Transmission of Australian orders overseas
  
  Parenting orders made in Australia can be registered and enforced in some overseas jurisdictions. Sections 70G–70L of the Family Law Act 1975 provides for the transmission of Australian parenting orders to overseas jurisdictions.
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- Orders – Registration of overseas orders in Australia
  
  Parenting orders made in prescribed overseas jurisdictions can be registered and therefore enforced in Australia under ss 70G–70L of the Family Law Act 1975, and the procedure set out in regulation 72 of the Family Law Regulations 2024, Schedule 1 of which lists the relevant ...
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- Parentage testing
  
  In Brianna & Brianna [2010] FamCAFC 97, the wife had a child with another man before marriage. The wife and child lived in the United States. The husband lived in Australia. They married in 2002 and separated in 2006. The parties arranged for the husband to be registered as the biological ...
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- Relocation
  
  Relocation applications are decided by the court under the provisions of the Family Law Act 1975, with the best interests of the child the primary consideration. MRR v GR [2010] HCA 4 was authoritative on relocation under the provisions of the now-repealed s 65DAA. Other cases that considered ...
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- Social media in parenting proceedings
Divorce
- Decree of nullity
  
  Under s 39(1)(a) of the Family Law Act 1975, an application for a decree under s 51 that a marriage is void can only be instituted in the Federal Circuit and Family Court of Australia (Division 2), or the Family Court of Western Australia for parties in Western Australia. A decree of ...
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Financial agreement
- Financial agreements
  
  The Family Law Act 1975 provides, as the Full Court noted in Black & Black [2008] FamCAFC 7, for:
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- Agreements for married couples
- Agreements for de facto couples
- Amendments after execution
  
  If amendments are required to an executed financial agreement, no matter how small the change, it is recommended that the agreement be re-executed. This avoids the problem of establishing later that the parties received advice on the implications of the change. The parties could initial the ...
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- Made pursuant to the wrong section
  
  In Ryan & Joyce [2011] FMCAfam 225, the parties signed a binding financial agreement dated 5 October 2004. The husband sought a declaration that the financial agreement was of no force or effect and that it be set aside with the court to make orders under s 79. The financial ...
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- Not liable to duty
  
  A financial agreement or termination agreement is not subject to state or federal duties and charges; neither is a deed or other instrument executed for an agreement or order. See:
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- Setting aside a financial agreement
  
  Section 90K(1) of the Family Law Act 1975 provides for the limited circumstances in which a court will set aside a financial agreement made by married couples. The equivalent section for de facto couples is s 90UM. The statutory provision specifies that the usual common law principles of ...
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- Spousal maintenance in financial agreements
  
  Financial agreements compliant with the provisions of the Act effectively oust the court’s jurisdiction to make spousal maintenance orders. Section 90E for married couples and s 90UH for de facto couples stipulate the following provisions that must be included in financial agreements if ...
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- Legal advice
  
  There is no requirement in the Family Law Act 1975 that a financial agreement must be witnessed. However, independent legal advice must be given and it is common for agreements to be witnessed by the lawyer giving the independent legal advice. In Murphy & Murphy [2009] FMCAfam 270 it was held ...
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Property
- Overview
  
  In Taraska & Taraska [2021] FCCA 1746, the court said:
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- Add backs
  
  If one party is found to have wasted money, such as on gambling, it may need to be added back into the pool of assets to achieve a just and equitable outcome: In the Marriage Of: Dorothy Jean Wilson Appellant/Wife and Lawrence Leslie Wilson Respondent/Husband [1989] FamCA 34. Under s 79(5) and ...
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- Bankruptcy
  
  Section 59A of the Bankruptcy Act 1966 provides that the vesting of property on bankruptcy, or via an arrangement with creditors under Part X, is subject to any orders made by a court under the Family Law Act 1975 for married or de facto couples, or the Family Court Act 1997 (WA) for de ...
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- Capital gains tax
  
  Overview Capital gains tax (CGT) liability often arises due to family law matters. Clients need professional accounting advice about possible CGT consequences of a property settlement.
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- Chattels
  
  Valuable items of personal property such as furniture, jewellery, and artwork need to be agreed or valued. The value to be attributed is the market value, not an insured value or the original purchase price. The court will generally not entertain arguments about chattels of little or no value. If ...
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- Clean break principle
  
  Under s 81 of the Family Law Act 1975 for married couples, and s 90ST for de facto couples, the court has a duty to end financial relations between parties. This is referred to as the clean break principle. In circumstances where this principle is inappropriate, ss 79AA ...
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- Companion animals
  
  Contested cases about the ownership of companion animals are rare in the family courts. Most lawyers warn their clients not to push the issue of who retains the pet. Judges with backlogs of cases and overflowing lists are generally as pleased about dealing with pet cases as with arguments about ...
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- Constructive trusts
  
  A constructive trust commonly arises in family law in 2 circumstances:
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- Contributions
  
  Comparing contributions Gibbs CJ in Mallet v Mallet [1984] HCA 21 at [2]–[3] referred to the wide discretion under s 79 in the circumstances that:
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- Current and future circumstances – s 79(5) factors
  
  Legislative amendments Previously known as the s 75(2) factors, the amendments to the Family Law Act 1975 that commenced in June 2025 replaced the court's consideration of each party's future needs under s 75(2) with a consideration of each party's current and future circumstances under ...
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- Death and property settlement
  
  The impact of the death of a party to a family law order, financial agreement, or live proceedings varies depending on the nature and stage of the proceedings. If proceedings have not already commenced on the death of a party to a marriage, the right to orders for a property settlement ends.
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- Disclosure
  
  Section 71B of the Family Law Act 1975, s 90RI for de facto relationships and s 90YJA for West Australian de facto relationships, set out the parties' duty of disclosure in property and financial cases, and provide that the obligation exists from pre-action until the case is ...
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- Execution of instruments by court order: s 106A orders
  
  Section 106A of the Family Law Act 1975 is an important provision to consider in every property order when the other party is required to execute a document. It provides for the court to sign documents if the party that has been ordered to do so refuses or neglects to sign. It is best practice ...
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- Foreign property
  
  Australian courts have power under the Family Law Act 1975 to consider overseas property when determining a division of assets. If there is a dispute, it may be necessary to obtain evidence of the property’s value and evidence from a conveyancing solicitor in the country where the property is ...
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- Just and equitable
- Notional property
  
  Usually, the court deals with property that is in existence and able to be quantified: see s 79(3). There are times when the court is not dealing with such property, including:
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- Orders – Timely compliance
  
  Blackwell & Scott [2017] FamCAFC 77 is a warning to parties that if orders are not complied with in the time frames prescribed by the orders, they risk the orders being set aside. In this case, pursuant to final property consent orders, which resulted in an equal division of the asset pool, the ...
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- Orders – Default
  
  The court needs to be satisfied that:
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- Orders – Interpretation of consent orders
  
  The courts will generally interpret consent orders strictly and objectively to give effect to the parties' intentions under the orders. In Bass & Bass and Anor [2016] FamCAFC 64 the Full Court found merit in the following submissions at [54]:
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- Rezoning
  
  If a property appreciates not due to any particular effort or act of either of the parties, it is a windfall, and neither party has any greater or lesser claim to the benefits of the windfall: Zappacosta, A.P. and Zappacosta, I.C. [1976] FamCA 56. The Full Court endorsed this in Wells, G.E. and ...
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- Setting aside or restraining the disposition of an asset
  
  If a party makes a disposition with a view to depriving the other party of a just and equitable settlement, such as transferring assets to someone else, a party can apply to the court to set aside or restrain the disposition. An application is made under s 106B of the Family Law Act 1975. If ...
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- Social media in financial proceedings
  
  While this evidence is predominantly used in parenting proceedings, financial proceedings can also involve social media evidence. Caution and discretion needs to be exercised when using social media in financial matters. Social media needs to be considered in light of all the posts in a particular ...
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- Spousal maintenance
  
  A s 79 order for property adjustment may remove the need for one party to maintain the other party. Therefore, a party’s entitlement to an order under s 79(1) is assessed before any entitlement for spousal maintenance under s 72 is considered: Clauson & Clauson [1995] FamCA 10 ...
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- Stamp duty on transfers of real property in the family law context
  
  Deeds or other instruments executed for the purposes of, or in accordance with, an order or financial agreement made under Part VIIIA of the Family Law Act 1975 are not liable to any duty or charge under any law of a state or territory or any law of the Commonwealth that applies only in ...
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- Tax debts
  
  The court can substitute one party for another in income tax liabilities to the Commonwealth. The High Court confirmed this in Commissioner of Taxation v Tomaras [2018] HCA 62, which concerned orders to alter property interests under s 79 of the Family Law Act 1975. The wife was indebted to ...
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- Transferring real property in the family law context
  
  Each state and territory has its process for affecting real property transfers. Transfers under the Family Law Act 1975 attract transfer duty exemptions or the payment of nominal duty. See also Stamp duty on transfers of real property and Capital gains tax.
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- Valuing property
  
  Valuing the various assets of the parties that constitute the property pool is sometimes a vague, uncertain, and expensive task. Valuations are firmly fixed to the marketplace, and limitations in that marketplace mean that it is neither a precise nor truly accurate science. Valuing looks to ...
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Enforcement
- Overview
  
  In Taraska & Taraska [2021] FCCA 1746, the court said:
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- Court enforcement of a child support debt
  
  The applicable legislation is the Child Support (Registration and Collection) Act 1988 (Cth). The Child Support Registrar has specific powers to aid enforcement, specifically:
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- Financial agreements
  
  There are differences in what may and may not be included in a financial agreement for de facto couples. Sections 90B(2) and 90C(2) provide financial agreements for married persons may cover:
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- Penalty interest
  
  Pursuant to s 117B of the Family Law Act 1975, interest may be charged on monies ordered to be paid, excluding periodic spousal maintenance. The interest rate is in accordance with r 10.17 of the Family Law Rules 2021 and is 6% above the cash rate published by the Reserve Bank of ...
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- Property orders – Enforcement and the overseas factor
  
  The court has jurisdiction to make orders concerning the parties' overseas property, but it is not that simple. Unlike parenting orders, the Family Law Act, Rules, or Regulations make no provision for the registration of property orders in overseas jurisdictions or the registration and enforcement ...
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101 Subpoena Answers
Overview

Jurisdictions, types of subpoenas and other compulsory production While references to legislation and courts in this guide are NSW based, unless otherwise stated, the general law relating to subpoenas does not differ between states – only the procedure in some respects.
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A. Initial considerations
- Jurisdictions, types of subpoenas and other compulsory production
  
  While references to legislation and courts in this guide are NSW based, unless otherwise stated, the general law relating to subpoenas does not differ between states – only the procedure in some respects. Subpoena law is fairly settled and consistent across all Australian jurisdictions. The High ...
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- Definition of documents
  
  Uniform evidence law applies in NSW, Victoria, Tasmania and the Territories. However, there are variations between the various Evidence Acts in these jurisdictions. There is a useful comparative chart prepared by the Commonwealth Attorney-General’s Department regarding differences between the ...
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- The implied undertaking
  
  One of the most important things to know about subpoena law is the so-called implied undertaking, also known as the Harman undertaking, or the Hearne v Street undertaking. The common law provides that production of and access to documents under subpoena, even without any other court order, is ...
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B. Acting for a client who receives a subpoena
- Acting for a client who receives a subpoena
  
  One needs a good understanding of the law and practice relating to subpoenas to be able to advise and assist clients who receive a subpoena. Such an understanding will better equip practitioners to draft and issue subpoenas for clients who are parties to litigation. Once the purpose of the subpoena ...
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- What happens when a client is served with a subpoena
  
  Recipients of subpoenas are usually strangers to the court case in which the subpoena is issued. The subpoena comes as a surprise and an unwelcome imposition. Unless they are familiar with litigation, or have received subpoenas before, they will be unlikely to know what to do and may feel angry, ...
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- Inappropriate responses
  - Ignoring the subpoena
    
    Unfortunately, given the unwelcome impost that a subpoena constitutes, one of the most common responses for clients who receive a subpoena is to ignore it and hope it goes away. This, of course, almost never works. A subpoena is a court order. It cannot be ignored. Failure to comply with it may ...
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  - Overly enthusiastic compliance
    
    At the other end of the spectrum, is another inappropriate but very common response to a subpoena, especially a poorly drafted one which calls for All documents about X, when a client receives the subpoena and immediately brings their life and business to a screaming halt. They assume they must so ...
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- Appropriate responses
  - Review the subpoena
    
    It is important to read a subpoena carefully when it is received as there is a lot of helpful information on the subpoena itself such as:
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  - Comply if reasonable
    
    The majority of subpoenas are not objectionable, or at least perhaps not worth objecting to. A reasonably precise call in a subpoena for a limited number of clearly identifiable and uncontroversial documents, that the client has in their possession or control and that are clearly relevant to the ...
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  - Object if necessary
    
    Once instructions have been taken and the scope of the subpoena considered, if there are, or may be, any objections they should be communicated to the issuing party. Technically, documents should be produced to the court, subject to the objection: see Objections. Where the nature of the objection ...
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- Objections
  - Insufficient description
    
    In criminal cases s 225 of the Criminal Procedure Act 1986 (NSW) provides that a person named in a subpoena is not required to produce any document or thing if it is not specified or sufficiently described in the subpoena. This is basically a matter of common sense. If a subpoena does not ...
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  - Legitimate forensic purpose
    
    The threshold issue for production of documents under any subpoena is the requirement that there be a legitimate forensic purpose for the documents sought. If there is not, then the subpoena, or the objectionable part of it, will be set aside as an abuse of process. There is extensive superior ...
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  - Legitimate forensic purpose in criminal cases
    
    In criminal cases Alister and Saleam have been applied, and the ‘on the cards’ test approved, in cases such as Attorney General for New South Wales v Dylan Chidgey [2008] NSW CCA 65 and Perish v R; Lawton v R [2015] NSWCCA 237 at [56] – [57]. There is always a difficult balancing act for a ...
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  - Legitimate forensic purpose in civil cases
    
    There is a settled line of authority which requires the issuing party to demonstrate a legitimate forensic purpose for all of the material sought under a subpoena by showing that the documents sought have apparent relevance and can materially assist on an issue identified in the pleadings or can at ...
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  - Legitimate forensic purpose in federal cases
    
    In the federal jurisdiction, the requirement for an issuing party to establish legitimate forensic purpose is well recognised via such cases as:
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  - Legitimate forensic purpose in family law cases
    
    Subpoenas in family law cases, even though they are civil cases and the above federal authorities apply, are effectively a different category. In the family law jurisdiction, there are no pleadings as such, merely an Application and a Response, supported by affidavit evidence and almost anything ...
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  - Negotiating the scope of objectionable subpoenas
    
    Most often the legitimate forensic purpose objection will relate to the breadth of the subpoena – the failure to limit the call in the schedule to identifiable and relevant documents only, thereby potentially capturing documents for which there is no legitimate forensic purpose. Often a subpoena ...
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  - Oppression
    
    A subpoena may be oppressive if it places an undue burden on the producing party to produce documents that do not have sufficient relevance. This is a balancing exercise, intrinsically connected to legitimate forensic purpose. Where a subpoena causes unreasonable trouble and expense to the ...
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  - Public interest immunity
    
    Public interest immunity is a substantive common law privilege and can be claimed by governments over confidential information, the disclosure of which would damage the public interest. It was articulated in Alister v R [1984] HCA 85 and has frequently been claimed, considered and applied since. ...
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  - Statutory privileges
    
    There are numerous pieces of legislation which protect documents from production under subpoena. Mostly, those documents will be held by government departments or agencies. In many of those instances, there is no point issuing a subpoena for such documents as they cannot and will not be produced ...
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  - Legal professional privilege
    
    Legal professional privilege is a complex area. It exists in both common law and by virtue of ss 117-119 of the Evidence Act 1995 and it depends which jurisdiction as to which iteration applies. See: Dr Michael Van Thanh Quach v MLC Life Limited (No 2) [2019] FCA 1322 at [11]. Both forms of ...
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- Arguing a subpoena objection in court
  
  If the subpoena is pressed over an objection the objecting party needs to file the appropriate document to bring the objection before the Court. If unsure, check the rules of the Court in which the subpoena is issued or ask the Court registry. The procedure varies not just from state to state, but ...
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- Forms - Response and objections
  - Civil
    
    Notice of motion
    
    Example - Notice of motion - to set aside a subpoena
    
    Affidavit
  - Family
    
    Subpoena - Family Law
    
    Affidavit - Family law and child support proceedings
C. Acting for a client who issues a subpoena
- Power to issue a subpoena
  
  In civil cases Part 33 of the Uniform Civil Procedure Rules 2005 (NSW) contains the provisions relating to subpoenas. In other jurisdictions see:
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- Why – and why not – to issue a subpoena
  
  A subpoena is a tactical tool in litigation but should be employed as part of the overall strategy. A subpoena allows a party to obtain evidence that might support their case. It should be an integral part of the case theory. Issue a subpoena to obtain documents that are likely to exist and will ...
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- When to issue a subpoena
  
  In short – not too early, but not too late! As noted above, the subpoenas that need to be issued initially will become evident from the instructions and the formulation of a case theory. Those subpoenas can and should be issued as early as reasonably possible, to start building the case. However, ...
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- How to issue a subpoena
  
  Applying to the court The procedure for issuing subpoenas and inspecting documents is set out in the applicable civil or criminal procedure rules for each jurisdiction and covered in various levels of detail on the various court websites. See the Victorian County Court website, for example, which ...
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- Drafting a subpoena
  
  Who is the right recipient? Subpoenas need to be addressed to a person.
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- Examples of good and bad drafting of the schedule to a subpoena
  
  Scenario: A client Vicki Victim is the plaintiff in a civil claim for damages against Peter Puncher for injuries sustained as a result of an assault upon the client, which occurred in the foyer of a branch of the Institutional Bank of Australia, where Mr Puncher has since been convicted by the ...
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- How, when and where to serve a subpoena
  
  Always check the specific rules for service for the specific court when issuing a subpoena: see the links to court websites in Power to issue a subpoena or Further information. Generally, subpoenas require personal service, unless they are directed to police or other public officers. See for ...
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- Conduct money
  
  Conduct money is the cost of getting the documents or the person subpoenaed to court. If no conduct money is paid when a subpoena is served, the addressee may be unable or unwilling to produce documents, or to attend court to give evidence. Whether the non-payment of conduct money is a legitimate ...
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- Costs
  
  In criminal proceedings, generally only a party to the proceedings can seek or obtain a costs order. A third party recipient of a subpoena is not a party: s 221 of the Criminal Procedure Act 1986 (NSW). However, some jurisdictions differ – Queensland legislation specifically provides that a ...
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- Subpoena forms
  - Civil
    
    Subpoena to produce with subpoena notice and declaration
    
    Subpoena to attend to give evidence
    
    Subpoena to attend to give evidence and to produce with subpoena notice and declaration
  - Criminal
    
    Subpoena for production
    
    Subpoena for production and to give evidence
    
    Subpoena to give evidence
  - Federal Circuit and Family Court of Australia
    
    Subpoena - Family Law
    
    Affidavit - Family law and child support proceedings
    
    Annexure sheet
  - Federal Court
    
    Subpoena to give evidence - Link to Federal Court of Australia
    
    Subpoena to produce documents
    
    Subpoena to give evidence and produce documents
D. Production and access
- Production and access
  
  A subpoena is a court order requiring production of stated documents to the court. Even if there is an objection, unless the objection is for oppression or relates to public interest immunity, then the documents should be produced, subject to the objection. The way to deal with this is to produce ...
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- Extension of time for production
  
  It is common that the recipient does not produce the required documents within the time stipulated in the subpoena. In the event this occurs, the recipient and issuing party should agree on a later date for production. The issuing party should then attend court on the return date and advise the ...
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- What happens if a subpoena is not answered
  
  As a subpoena is an order of the court, any failure to comply is contempt of court and the non-complying recipient can be dealt with for contempt. Rule 33.12 of the Uniform Civil Procedure Rules 2005 provides for this explicitly. The rules also provide for an arrest warrant to issue where ...
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- What to do if subpoenaed documents are sent to a lawyer directly
  
  When a subpoena is issued the documents are produced to the court, not to the issuing party or their lawyer. This is fundamental and clearly stated on the subpoena. However, it is surprising how often subpoena recipients, especially those who have not had much prior experience with court ...
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- Access orders in different jurisdictions and the rules of court
  
  Access to, or inspection of, documents produced under subpoena is governed by the rules of court applicable to the various jurisdictions and always at the court’s discretion. See for example, r 33.8 of the Uniform Civil Procedure Rules 2005 (NSW). It is important to know how access orders are ...
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This publication guides practitioners through divorce, property settlement, children, and financial agreements.

Overview

Precedents in this publication include:

6 Matter Plans Included

Our Authors