Response to an Application in a Proceeding

Rule 5.05 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 requires a respondent to an Application in a Proceeding who opposes the application, or seeks different orders, to file and serve this response, and at the same time an affidavit stating the facts relied on. Under rule 2.18(2) the response must be filed and served within 28 days after the application was served. The form notes that no affidavit is needed when responding to an application to review a Registrar's order.

When you need it

• You have been served with an Application in a Proceeding (for interim, procedural or other interlocutory orders) and disagree with some or all of the orders sought.
• You agree with some orders but want the court to make other or additional orders.
• If you agree with everything sought, a response is not needed to oppose it, but you may use one to record your consent (r 2.18(1)(a)).

1. 1

   Heading

   Mark the court, give your full name, client ID and file number, and copy the next court date from the application.

2. 2

   Part A: about the parties

   Give the applicants' names as shown at Item 2 of the Application in a Proceeding and your names as used now. Give an address for service in Australia; it need not be your home address, but you must give an email address.

3. 3

   Part B, item 3: orders you agree with

   List the paragraph numbers of the orders in Part D, Item 6 of the application that you agree with, using the same numbers.

4. 4

   Part B, item 4: other orders you seek

   Set out briefly any other orders you want, numbered. Attach extra pages if needed.

5. 5

   Parts C and D: certification and signature

   By signing, you certify that the orders sought in the response are supported by evidence. Sign and date, and tick who signed and who prepared the response.

• File and serve the response, with your supporting affidavit, within 28 days after the application was served on you (rr 2.18(2), 5.05).
• eFile on the Commonwealth Courts Portal; if you cannot, file at a registry.
• Serve the filed response and affidavit on each other party with an address for service and any independent children's lawyer (r 2.27(3)). Ordinary service, including by email to the address for service, is usually enough (r 2.40).

• Keep the orders you seek within the scope of the interim dispute; the affidavit must contain the facts that support each one.
• If the hearing is sooner than 28 days, aim to file before the hearing so the court and the other side have your material.
• Use the current version of the form (0925V1); older versions may have different item numbers.