Filing your initial application in federal circuit and family court is the foundation of your family law matters. This family law application allows you to seek final or interim orders that are related to family law issues, such as custody arrangements, child support, property division, and spousal maintenance.
However, court procedures can be complex and intimidating, especially if you’re unfamiliar with the legal system.
Then, how do you navigate this intricate legal landscape with confidence and clarity?
In this blog, we will provide you with a road map to understand each stage of the process, from filling out the application and compiling the necessary documents to applying for a response to the initiating application.
What is an Initiating Application?
An initiating application is a formal document filed with the Federal Circuit and Family Court of Australia (the Court) to commence legal proceedings. It serves as the initial step in resolving family-related disputes through the legal system for final orders. Whether it pertains to divorce, child custody, spousal maintenance, or property settlement, the initiating application sets the legal framework for the case.
Once the application is filed and served, the court will review the documents and schedule hearings or conferences to address the issues raised. During the court process, both parties will have the opportunity to present their evidence, make legal arguments, and respond to the other party’s submissions.
Key Components of an Initiating Application
1. Orders Sought
This section specifies the orders sought by the applicant, delineating the relief or remedies they are seeking from the court.
The following types of orders can be sought:
- Child support
- Parenting orders
- Property and Financial orders
- Spousal Maintenance
- Medical procedures
- Enforcing court orders
- Nullity
- Validity of marriage, divorce or annulment
- Passports
2. Supporting Documents
Along with the initiating application, various supporting documents such as affidavits, financial statements, and evidence may need to be submitted to substantiate the claims made in the application. These documents play a crucial role in supporting the applicant’s case before the court.
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What Documents are required to be filed with the Initiating Application?
Affidavit
An affidavit is a sworn or affirmed written statement that presents the facts, evidence, and supporting information for your case. It allows you to provide a detailed account of the relevant circumstances, including personal experiences, observations, or other pertinent information. Affidavits help the court make informed decisions based on the evidence presented.
Section 60I Certificate
Before applying to family court, parties involved in parenting disputes are required to obtain a Section 60I Certificate under Section 60I of the Family Law Act 1975. This certificate confirms that the parties have attempted family dispute resolution (mediation or counselling) to resolve their issues before resorting to court proceedings. The certificate may indicate that mediation was attempted or that it was not appropriate or unsuccessful.
Notice of Risk
This document is particularly relevant in cases involving child custody or access. It outlines any potential risks or concerns related to the safety, well-being, or welfare of the child. The notice of risk brings the court’s attention to any factors that may impact the child’s best interests.
Filling Your Document: Applying for an Initiating Application in Family Court
After filling out the initial application and gathering all the required documents, you need to fill them out electronically by registering and logging in to the Commonwealth Courts Portal (Commonwealth Courts Portal) online.
Next, visit the Federal Circuit and Family Court’s website to check the current filing fee schedule and pay the required fee online or in person. Note that fee exemptions or reductions may be available if you are experiencing financial hardship.
Once filed, you must serve copies of the documents (Initiating Application, affidavit, Notice of Risk, Section 60I Certificate, and any other supporting documents) to the other party. To prove that the other party has been served, you will need to complete an affidavit of service and file it with the court.
The Federal Circuit and Family Court of Australia will then provide you with a date for the first hearing. Prepare for the hearing by gathering any additional evidence or documents needed and be ready to present your case.
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What is a Response to Initiating Application?
A Response to an Initiating Application is a formal legal document used to reply to the claims made in an Initiating Application in court, particularly in family law cases. This document allows the respondent (the party who did not initiate the legal action) to present their side of the story, respond to the claims made, and propose their orders.
The response to initiating an application in family court is generally available to legal practitioners. However, if you are representing yourself in court proceedings (as an unrepresented litigant), a separate kit called the “Response to Initiating Application kit” will be provided to you.
Orders Sought: The responding party specifies the specific orders or outcomes they are seeking from the court. This could include applying for parenting orders, child or spousal support, property division n, or any other relevant relief.
- Affidavit: Similar to the initiating application, the responding party may need to attach an affidavit to support their response, including any admissions or denials. The affidavit contains sworn or affirmed statements of fact and evidence that strengthen the responding party’s position.
Conclusion
While family law matters can often feel like a maze, navigating the initial steps of initiating an application doesn’t have to be overwhelming. By understanding the process, gathering the necessary documents, and seeking professional legal guidance if needed, you can take control and advocate for your best interests.
At QM Lawyers, our experienced team of family lawyers is dedicated to helping clients navigate the complexities of the legal system with confidence. From providing legal advice to representing you in court, we are committed to securing a positive outcome for you and your family. Reach out to us today and take the first step towards a resolution. Get the strong legal representation you deserve.