Response to an application in an appeal

Part 13.7 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 deals with applications made in an appeal, such as for a stay, further evidence or procedural orders. A party makes one by filing an Application in an Appeal with a supporting affidavit (r 13.36). On filing, the Appeal Judicial Registrar fixes a hearing date or refers the application to a Judge in chambers, including where the parties consent to it being decided without an oral hearing (r 13.37). This form is the respondent's response to that application, filed in the National Appeals Registry of Division 1, and the court's form page says it must be accompanied by an affidavit.

When you need it

• You have been served with an Application in an Appeal and oppose some or all of the orders sought.
• You want the court to make different or additional orders on that application.
• Use the separate Notice of Contention or a cross-appeal for your position on the appeal itself.

1. 1

   Heading

   Give the full name of the party filing and the appeal number. The National Appeals Registry completes the court-use boxes.

2. 2

   Part A: about the parties

   Give the applicants' names as at Item 2 of the Application in an Appeal and your names as used now, plus an address for service in Australia and an email address. You need not give your home address.

3. 3

   Part B: the orders you seek

   At item 3 list the paragraph numbers of the orders in Part D, Item 6 of the application that you agree with. At item 4 state briefly any other orders you seek.

4. 4

   Parts C and D: certification and signature

   Sign to certify the orders sought are supported by evidence, date it, and tick who signed and prepared it.

5. 5

   Prepare the affidavit

   Prepare an affidavit setting out the facts relied on in opposition or in support of your orders, to file with the response.

• eFile the response and affidavit on the Commonwealth Courts Portal. If you cannot, attend or post to the regional appeal registry: Brisbane (Queensland, the Northern Territory and Lismore), Sydney (NSW except Lismore, and the ACT), Melbourne (Victoria, Tasmania and South Australia) or Perth (appeals from the Family Court of Western Australia and the Magistrates Court of Western Australia).
• Since 9 December 2024 the National Appeal Registry does not accept appeal documents by email unless a court order or accessibility needs allow it.
• Serve the response and affidavit on each other party by ordinary service within 14 days of filing, as the court's form page states.

• File promptly: the application may already have a hearing date, or may be decided on the papers in chambers (r 13.37).
• Parties appealing from Western Australian courts must register on the Commonwealth Courts Portal to eFile.