Notice of change of name

Rule 2.16 of the Family Law Rules says that if a party's name changes after a proceeding has started, the party must give written notice of the change to the court and to each other party. The new name must then be used in all documents filed later, and once the written notice is filed the title of the proceeding is taken to have been amended. This one-page form is the court's approved way of giving that notice in either Division of the Federal Circuit and Family Court of Australia.

When you need it

• You are a party to a current family law proceeding and your name has changed, for example after marriage, divorce or a registered change of name.
• You want later documents and orders in the case to carry your new name.
• You are a lawyer giving notice on behalf of a client whose name has changed.

1. 1

   Court and file details

   Tick the Division and insert the file number and the filing details shown on your existing court documents.

2. 2

   Details of party filing

   Give the name you have used in the case so far, and the names of the parties.

3. 3

   The notice

   Insert the family name and given names by which you are now to be known in the case.

4. 4

   Sign and date

   Sign and date the notice.

• File the notice in the existing proceeding (r 2.16(1)). Most family law documents can be eFiled through the Commonwealth Courts Portal on the existing file.
• After filing, serve it by ordinary service as soon as possible on each other party, including any independent children's lawyer (form page; r 2.16(1)).
• From filing, the title of the proceeding is taken to be amended, and the new name must be used in all documents filed later (r 2.16(2)-(3)).

• File the notice before you file other documents in the new name, so the court file and your documents match.
• Tell any expert, family report writer or other service involved in the case, so their reports use the new name.
• Keep a copy of the filed notice with your court papers.