Application - Enforcement

Part 11.1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 sets out how obligations under family law orders are enforced, including obligations to pay money, to sign documents and to give up property (r 11.01). Money obligations can be enforced by orders such as an Enforcement Warrant, a Third Party Debt Notice, sequestration or a receiver (r 11.05). The application is filed with an affidavit that complies with r 11.06, and a payee can use it to require the payer to attend an enforcement hearing to give information (r 11.11). A child support liability that is not an order must first be turned into an order for payment through this application (r 11.03). From 21 September 2026 these applications go to the court's National Enforcement List.

When you need it

• The other party has not paid money, transferred property or signed documents as a financial or property order requires.
• You want to enforce a child support liability, such as an administrative assessment or registered child support agreement.
• You want an enforcement hearing to find out about the other party's finances before seeking enforcement orders.
• Not for parenting orders. If you only need a warrant or Third Party Debt Notice under an existing order, the practice direction allows a chambers enforcement request instead.

1. 1

   Front sheet

   Read the explanatory sheet, then remove it before filing.

2. 2

   Part A - the parties

   Names of applicants and respondents, your address for service and email, and the respondent's address.

3. 3

   Part B - the orders being enforced

   Give the date of the orders, tick financial, child support liability or other, and list the specific order numbers. Attach a copy of the order, bond, agreement or undertaking.

4. 4

   Part C - enforcement hearing

   Tick yes only if you want a hearing to get information from the other party by questioning or document production. The practice direction says it is not the defended hearing of the application.

5. 5

   Part D - orders sought

   State the enforcement orders you want. An order for payment must state the amount owing, any interest and the costs of enforcement.

6. 6

   Parts E to G

   File a copy of any family violence order affecting you, certify the orders sought are supported by evidence, and sign. Show who prepared the application.

• Under the practice direction, lodge the application, a r 11.06 affidavit and the order to be enforced (attached to the affidavit) by email to enforcementlist@fcfcoa.gov.au. The court's eFiling page lists enforcement among applications that cannot be eFiled.
• The affidavit must be sworn no more than 2 days before it is filed (r 11.06(d)) and include evidence the order was served on the respondent (r 11.59).
• For child support, the practice direction says to give the Child Support Agency written notice at least 14 days before issuing proceedings, and attach that notice.
• Personally serve the application, affidavit and the Enforcement Hearings brochure (r 2.28(3)), at least 14 days before any enforcement hearing (r 11.11(3)), and file an affidavit of service.
• A filing fee may apply - check the court's family law fees page.

• Calculate the amount owing carefully and show how it was worked out, including payments received.
• To enforce a financial agreement or s 87 agreement, you must first get an order that it be enforced, using an Initiating Application (r 11.02).
• The court may order the respondent to pay your costs of enforcement, so keep a record of them.