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How to Make an Application
Guidance on completing the forms
Introduction
Making an application, or responding to an application or order is a serious matter. The information contained on this page is intended as a guide only and is not in place of legal advice.
Legal advice
You do not have to instruct a lawyer to make an application or respond to an application or order. However you may prejudice your case if you do not seek legal advice.
In respect of most applications (except for dissolution) it is important that you seek legal advice before making an application. You should ensure that you understand what the consequences of obtaining the order will be.
Court staff cannot provide you with legal advice. They can advise you on what forms you need to complete to make an application and they can advise you on court processes. They cannot tell you what to say in your application.
You can find a family lawyer through the Family Law Section, or your local Community Law Centre, or your local Family Court can provide you with a list of lawyers.
Applications
The grounds for making an application will be set out in the family law Act that deals with the application you wish to make. The grounds are what you need to satisfy the Court of for it to make the order.
The Family Courts Rules 2002, specify what documents you must file, where you must file the documents, who must be served and when you can make an application without giving notice to the other party and the court procedures and processes that need to be followed.
Rules 20- 27 of the Family Courts Rules 2002 in particular set out what documents are to be filed to make an application.
The Family Court will not accept photocopies of the forms.
On notice applications
If you are filing an on notice application, you must also provide the Court with enough copies for all the parties that need to be served with the application.
Information Sheets
An information sheet must accompany all applications.
Note that information sheets - forms G7, CYPF4 and PPPR14 - must be filed with the court on yellow paper, under r20(1)(b) Family Courts Rules 2002. They may be printed on yellow paper, or photocopied on to yellow paper. This is to make information sheets easily visible in the file for the Judge, or for a member of the court staff, who may need to refer to it frequently and to find it quickly. As it is required by the Rules, the papers will not be accepted for filing if the information sheet is not on yellow paper.
For most applications this will be form G7 information sheet.
For applications under the Children Young Persons and Their Families Act 1989 this will be form CYPF4 information sheet.
For applications under the Protection of Personal and Property Rights 1988 this form will be form PPPR14 information sheet.
Front Page
Most documents filed must contain a front page (Rule 27 Family Courts Rules 2002). In addition, the front page of the first document filed by or on behalf of a party must have a memorandum containing the information required in rule 82 of the Family Courts Rules 2002.
Note: The PDF forms on this site incorporate the front page.
Affidavits
An affidavit is the factual information (evidence) that you are relying upon to support the order you are asking for.
The affidavit needs to be sworn (signed) by you in the presence of a lawyer (not your own), a Justice of the Peace, or a Court Registrar.
Note: some applications require affidavits to be filed in a prescribed form. These forms can be found in The Family Courts Rules 2002, or may be located on this site.
Forms
A complete set of prescribed forms can be found in the The Family Courts Rules 2002.
On the pages relating to dissolution (divorce), domestic violence, parenting orders (day-to-day care and contact) , paternity and the protection of personal and property rights, we have provided a direct link to the forms that need to be completed.
Further information
For further information contact your local Family Court.