Application - Contravention

Division 11.2.1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 governs applications about contraventions of orders under the Family Law Act 1975: breaches of child-related orders such as parenting orders (Division 13A of Part VII), breaches of orders not affecting children such as property orders (Part XIIIA), contravention of a recovery order (s 67X(2)) and failure to comply with a bond (r 11.63, Table 11.1). The application must be filed with an affidavit that states the facts and attaches the order, bond, agreement or undertaking said to be breached (r 11.64(2)). For a child-related order, the affidavit must also say whether a court has previously found the respondent contravened the primary order (r 11.64(3)). All applications go to the court's National Contravention List under its practice direction.

When you need it

• The other party has not complied with a parenting order and you want the court to deal with the breach, for example by make-up time, a bond, costs, a fine or other consequences listed in the form's notice.
• A financial or property order has not been complied with and you seek a sanction for the breach.
• Not to collect money owed under a financial order where you only want it enforced: that is an Application - Enforcement.
• For a parenting contravention you need a section 60I certificate or an exemption, as Part D of the form explains.

1. 1

   Part A - the parties

   Names, Aboriginal or Torres Strait Islander status, an address for service in Australia and an email for both you and the respondent, and whether either of you needs an interpreter.

2. 2

   Part B - independent children's lawyer

   Name and contact details, if one has been appointed.

3. 3

   Part C - confirm attachments

   Tick that a copy of the order or undertaking is attached to your affidavit and that the Schedule of alleged contraventions is completed.

4. 4

   Part D - dispute resolution

   For a parenting order answer Question 1 (family dispute resolution, or which exception applies). For any other order answer Question 2. Put the evidence for any exemption in your affidavit.

5. 5

   Parts E and F - orders and other proceedings

   Set out the sanctions or orders sought as numbered orders. Answer the questions on other cases, family violence orders (attach them) and any previous contravention finding.

6. 6

   Part G and the Schedule

   Swear or affirm Part G before a JP, notary public, lawyer or authorised court staff. In the Schedule, number each count in date order and give the order breached (date and order number) and the date, time and place of the act or omission. Number and sign each page.

• You cannot eFile it. Email the application, affidavit, copy of the order and, where required, the section 60I certificate to contraventionlist@fcfcoa.gov.au (practice direction paras 2.2 to 2.3).
• The court's form page lists the filing fee as nil.
• A Contravention Registrar may decline a deficient application; you would then lodge a fresh one (para 2.5).
• Accepted applications get a first return date as near as practicable to 14 days after filing (r 11.66).
• Personally serve sealed copies of the application, affidavit and order on the respondent (Table 2.2, practice direction para 2.6), using someone other than yourself (r 2.35(3)), and file proof of service on the Portal.

• Keep each count separate and specific. The court will put each allegation to the respondent and ask if they admit or deny it (r 11.69).
• Your affidavit must show the respondent knew of the order, for example that it was made by consent or at a hearing they attended.
• Think about the outcome you want before filing. The registrar may ask whether you want the orders varied or a penalty imposed.
• The practice direction warns that frivolous applications can attract costs consequences.