What is an Initiating Application in Family Law? – Podcast Episode 74


Family law can be very complex in Australia and even more so when in comes to the Court process. It can be very confusing, especially when it comes to making applications to Court for your family law process. 

The Federal Circuit and Family Court of Australia (FCFCOA) is the same for the majority of Australia. Being a family law firm based in Brisbane and the Gold Coast, we usually file applications in the Brisbane Registry, however from time to time need to file applications in other registries around the country. Fortunately, they are the same applications where the same family law rules and family law legislation applies. 

The purpose of an Initiating Application for Family Court is to start a family law application seeking interim and or final orders that are related to family law issues such as child custody, parenting issues, property division, spousal maintenance, and divorce

To start the court process in your family law matter and initiating application will need to be made with the rules of making the application adhered to.

The initiating application in family law will need to be accompanied by supporting documents such as an affidavit, a financial statement for financial matters, a 60i certificate and a notice of risk for parenting matters, or an exception for the 60i certificate. 

What Court Do I File My Initiating Application For Family Law?

This is confusing for many people, including some lawyers. There are two courts, the Federal Circuit Court and the Family Court of Australia.

The Federal Circuit Court of Australia is the court where most initiating applications are filed unless the matter is very complex, then it is filed in the Family Court. 

An experienced family lawyer will know which Court to file an initiating application in, however, if a person is self-represented, we would suggest filing in the Federal Circuit Court and if the Court requires it, they will transfer it to the Family Court of Australia. 

What Types Of Family Law Matters Can You File An Initiating Application For?

The Federal Circuit and Family Court of Australia (FCFCOA) deal with family law matters prescribed by the Family Law Act.

The main areas you can make an initiating application for in a family law case either have to do with parenting and the care of your children or finances and the division of property. 

Everyone’s circumstances are different in family law cases, and there are many issues under these two family law umbrellas that can be dealt with by the Federal Circuit and Family Court of Australia. 

Some examples of Family Law issues where people seek help from the Court in determining their family law issues are (this is not an extensive list);

What Does An Initiating Application In Family Law Contain?

The initiating application for family law matters will contain details of both parties, details of the relationship and what Orders are sought. So in other words, what the applicant is seeking in terms of parenting and time with children or how the applicant proposes that the property and assets of the relationship be divided.  

If you need assistance with your family law matter and advice about making an application in the Federal Circuit and Family Court of Australia (FCFCOA) and assistance with making an application, our Gold Coast family lawyers can assist you in ensuring that you make a successful application. 

We offer a free family consultation for up to 45-minutes where can advise you on your family law issues and your prospects of success in making an initiating application to the Federal Circuit and Family Court of Australia (FCFCOA).

Phone 10300 225 393 to arrange your free family law appointment with one of our Gold Coast family lawyers. 

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