Initiating Application

Under rule 2.01 and Table 2.1 of the Family Law Rules, a family law proceeding seeking final orders (other than divorce or consent orders), including property settlement, parenting, maintenance, child support, medical procedures, nullity and passport orders, is started with an Initiating Application (Family Law). Interlocutory orders can be sought in it only if final orders are also sought. Before filing, each party must comply with the pre-action procedures in Schedule 1 and file a Genuine Steps Certificate (r 4.01). Parenting applications need a section 60I certificate from a family dispute resolution practitioner or an exemption (Family Law Act s 60I(7)-(8A); r 4.02) and a Notice of Child Abuse, Family Violence or Risk (r 2.04). Property applications need a Financial Statement and Financial Questionnaire (r 6.06(4)). This record is the court's do-it-yourself kit, which adds information pages to the form.

When you need it

• You want the court to make final parenting, property, maintenance or other family law orders and there is no current case between you.
• You also want interim or procedural orders while the case runs (only alongside final orders, with an affidavit).
• You want to vary or set aside a final order under rule 10.13(1)(b) (Table 2.1, item 2A).

1. 1

   Remove the information pages

   The kit says to file only the 10 pages of the application itself.

2. 2

   Part A - orders sought

   Tick the types of orders, then set out the final orders and any interlocutory orders precisely, each numbered. Complete the panel on page 1 with your address for service and any lawyer.

3. 3

   Part B - parties

   Give each party's details. You need not give your residential address, email or phone if it is not safe to do so.

4. 4

   Parts C to F - relationship, children and other cases

   Give the dates of cohabitation, marriage, separation and divorce, details of each child, and any other cases, orders, parenting plans or undertakings, including family violence orders.

5. 5

   Parts E, G, H and I - specific questions

   For parenting orders, answer the family dispute resolution certificate questions. For property orders, answer the questions on financial agreements, superannuation agreements, bankruptcy and proceeds of crime, plus the de facto jurisdiction questions if relevant.

6. 6

   Parts J and K - declaration and statement of truth

   A lawyer signs the declaration about the court's brochure. Each applicant signs and dates the statement of truth last.

• The kit says initiating applications should be eFiled through the Commonwealth Courts Portal; if you cannot eFile, email it to the registry. Cases in Western Australia go to the Family Court of Western Australia. A filing fee applies unless an exemption or reduction is granted: check the court's fees page.
• Serve the application and filed documents by personal service (Table 2.2). The person serving must not be you (r 2.35(3)). Serve as soon as possible (r 2.29) and at least 7 days before the court date (r 2.31(b)).
• The respondent has 28 days after service to file a response (r 2.18(2)).

• Complete the Genuine Steps Certificate honestly. Failing to follow the pre-action procedures can lead to the application being stayed (kit warning).
• Make each order you seek specific and enforceable: who must do what, and by when.
• Read the court's Practice Direction for your type of case before filing; it lists the documents that must go with the application.