Warrant of arrest

The Family Law Act 1975 and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 allow the court to issue arrest warrants in several situations: under s 70NDA where there are reasonable grounds to believe a parenting order has been contravened and arrest is needed to ensure the person attends; where a person served with a subpoena and conduct money does not comply (r 6.41); where a respondent fails to attend the hearing of a contravention application (r 11.68(b)); where a person appears guilty of contempt in the face of the court (r 11.70(1)(b)); and on an application under rule 11.79 where a respondent required to attend court does not. The court's form page describes this form as a precedent for legal practitioners once the court has ordered the warrant. It is signed by a Registrar and addressed to the Marshal or police.

When you need it

• The court has ordered that a warrant issue for a person's arrest, and you are preparing the warrant for the Registrar to sign.
• A parenting order has allegedly been contravened and the court has ordered an arrest under s 70NDA.
• A person did not attend court after being served with a subpoena, an enforcement hearing application or a contravention or contempt application (rr 6.41, 11.68, 11.79).

1. 1

   Heading and basis

   Mark the court and give the file number and court details. Tick whether the warrant is issued under s 70NDA or another provision, and specify it.

2. 2

   Part A: parties

   Give the applicants' and respondents' names and any independent children's lawyer.

3. 3

   Part B: the order

   State where and when the court made the order and identify the person to be arrested: full name, address, date of birth and occupation.

4. 4

   Part C: execution

   Mark who it is addressed to: the Marshal, Australian Federal Police officers, or State and Territory police (r 11.80). It directs them to bring the person before the court, or another court exercising jurisdiction under the Act, on the next sitting day after arrest or as soon as practicable.

5. 5

   Expiry date and attachments

   Insert the date the warrant ceases to be in force. A s 70NDA warrant must expire no more than 6 months after issue (s 70NDA(2)); other warrants expire 12 months after issue (r 11.81). Unless issued under s 70NDA, attach the application, subpoena or order the person failed to answer (r 11.79(2)).

• The court's form page says this cannot be eFiled on the Commonwealth Courts Portal. File it by email at the registry where the matter is being heard; any orders made will appear on the Portal.
• When the warrant is executed, the arrested person must be served with a copy (r 11.80(3)).
• After a s 70NDA arrest, the person must be brought before a court within the holding period in s 70PB (generally 24 hours, longer over weekends and public holidays). For other arrests, r 11.82 sets out the procedure.

• Sections 122A and 122AA of the Family Law Act govern the use of force and powers to enter premises and stop vehicles when making an arrest, as the form's notes point out.
• A person arrested under a warrant may apply for it to be set aside or to be released from custody (r 11.83).
• Check that the identifying details are accurate; the officers executing the warrant rely on them.