An initiating application is the formal document that commences family law proceedings in the Federal Circuit and Family Court of Australia. It sets out the orders you are asking the court to make and provides the court with an overview of your matter. Filing an initiating application is the first step in the litigation process when a dispute cannot be resolved through negotiation or mediation.
What Is an Initiating Application?
An initiating application is a court form that identifies the parties, describes the nature of the dispute, and specifies the orders sought. In family law, this may relate to:
- Parenting arrangements, including who a child lives with and spends time with
- Property settlement and the division of assets and liabilities
- Spousal maintenance
- Enforcement or variation of existing orders
- Urgent or interim orders where immediate court intervention is required
The application must be supported by an affidavit setting out the facts and circumstances relevant to the orders you seek. This affidavit is a sworn statement and must be truthful and accurate.
Requirements Before Filing
In most cases, you must demonstrate that you have made a genuine effort to resolve your dispute before filing an application. For parenting matters, this means attending family dispute resolution (FDR) and obtaining a Section 60I certificate, unless an exemption applies.
Exemptions may be available where:
- There are allegations of family violence or child abuse
- The matter is urgent
- One party is unable to participate effectively in mediation
- There has been a contravention of existing orders
For property and financial matters, there is no strict requirement to attend FDR before filing, but the court expects parties to have made reasonable attempts to settle. Filing a genuine steps certificate is required under the court rules.
The Filing Process
- Preparation of documents: Your lawyer drafts the initiating application, supporting affidavit, and any other required documents such as a financial statement or genuine steps certificate.
- Filing with the court: The documents are filed electronically through the Commonwealth Courts Portal. A filing fee applies, though fee exemptions may be available in certain circumstances.
- Service on the other party: Once filed, the application must be served on the respondent within a specified timeframe. Service must comply with the court rules and can be effected personally or by other approved methods.
- First return date: The court allocates a first return date, which is the first occasion the matter will come before a judicial officer.
How We Help With Initiating Applications
At Reid+Alexander Lawyers, we handle the entire process of preparing and filing your initiating application. We ensure your documents are comprehensive, accurate, and present your case in the most effective way. Our team will advise you on the strength of your position, the likely trajectory of proceedings, and the costs involved.
"A well-prepared initiating application sets the tone for the entire case. It is your opportunity to clearly articulate what you are seeking and why."
If you need to commence family law proceedings, or have questions about whether filing an application is the right step for you, contact us for a confidential consultation.