Request for File Inspection

Rule 15.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 sets out who may search the court record and inspect and copy court documents. Parties, their lawyers and independent children's lawyers may do so as of right, as may the Attorney-General, an arbitrator conducting a related arbitration, and (where a child's welfare is involved) a State or Territory child welfare officer. Anyone else needs the court's permission, which may be given to a person with a proper interest or a researcher and may carry conditions (r 15.13(1)(d)-(e), (4)-(5)). This form is used by parties and their lawyers when they cannot see the documents on the Commonwealth Courts Portal.

When you need it

• You are a party, a party's lawyer or the independent children's lawyer and need to look at the court file in person.
• The documents you need are not visible to you on the Commonwealth Courts Portal.
• If you are not a party, do not use this form; write to the registry asking for permission instead (see below).

1. 1

   Part A: about the parties

   Give the file number and the names of the applicant, respondent and any other party.

2. 2

   Part B: who is requesting

   Write your name against the right role (party, legal representative or independent children's lawyer) and a daytime phone number.

3. 3

   Part C: inspection time

   Either ask to be contacted when the file is ready, or nominate a date and time. The registry will confirm the appointment.

4. 4

   Sign, date and bring identification

   Sign and date the request. You must provide proof of identity with it, and staff check identification at the inspection.

• The court's form page says parties should eFile the request on the Commonwealth Courts Portal, or file at a registry if they cannot eFile. The form itself says it may be lodged at the court or by post.
• The court will try to meet the request within 5 working days. A file held by an officer of the court may not be available until it is returned to records.
• Non-parties: make a written request, preferably by email, to the registry where the matter is or was heard. Explain your proper interest, any statutory power relied on, what the information is for, whether you have tried other sources or asked the parties (attach any written consent), and give the parties' full names and dates of birth if known.

• Check the Portal first: if your documents are visible there, you do not need an inspection.
• Sections 114Q and 114R of the Family Law Act restrict publishing accounts of family law proceedings; inspecting a file does not permit you to share its contents publicly (note to r 15.13).