Warrant of commitment

The Family Law Act 1975 allows a court exercising family law jurisdiction to imprison a person in limited cases: as a consequence of contravening an order affecting children (Division 13A of Part VII), as a sanction for contravening another order without reasonable excuse (s 112AD(2)(d); for a maintenance order only if the contravention was intentional or fraudulent, s 112AD(2A)), or as punishment for contempt (s 112AP(4)). Once the court has made such an order, this warrant authorises the Marshal, the Australian Federal Police or State and Territory police to deliver the person to a named prison, and directs the prison superintendent to hold them in accordance with the order. It is a precedent prepared for the Registrar to sign, not a form a party files to ask for imprisonment.

When you need it

• The court has ordered that a person be imprisoned for contravening a family law order or for contempt, and a warrant is needed to give effect to the order.
• You are a legal practitioner preparing the warrant for the court's signature.
• To ask the court to punish a contravention or contempt, file the relevant contravention or contempt application instead.

1. 1

   Heading

   Mark the court and give the file number, the registry and the court date.

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 the full name and address of the person ordered to be imprisoned.

4. 4

   Part C: directions to officers and prison

   Mark the officers it is addressed to (the Marshal, Australian Federal Police or State and Territory police) and name the prison. The second direction tells the superintendent to receive the person and keep them in accordance with the order. Attach a copy of the order.

5. 5

   Registrar's signature

   The warrant is dated and signed by a Registrar.

• The court's form page says it cannot be eFiled on the Commonwealth Courts Portal and must be filed at a registry; orders made will be available on the Portal.
• The officers deliver the person and the warrant to the superintendent of the named prison.

• The form notes that a person committed under the Family Law Act is not a federal offender, is not entitled to remissions, and cannot take part in State pre-release schemes for federal offenders.
• Where a person is committed for a term for contempt, the court may order their discharge before the term ends (s 112AP(7)).
• Make sure a copy of the sealed order is attached; the superintendent holds the person according to that order.