Family Law Courts：Applying to the courts

Applying to the courts 

If you cannot reach an agreement, you may consider applying to a court for orders. Sometimes this may be the only way to deal with a dispute. 

There are steps you must take before applying to a court.  

What does it mean to file an application? 

You file an application at a court when you cannot reach your own agreement. If you file, it begins a court process that may result in a hearing before a judge. You will need to follow the procedures of the court you have filed in. 

Do I have to pay a filing fee? 

Yes. You will be required to pay a filing fee. You may qualify for fee reduction if you meet certain criteria. For more information see the Fees section. 

What is service? 

Service is the legal term to describe the giving of court documents by one person to another. It means giving the other person a copy of your documents in a way that satisfies a court that the other person has received them. 

For more information see: 

1 Service Kit 

2 Divorce Service Kit 

3 Divorce service video 

How do I respond to an application? 

The respondent must receive from the applicant copies of the application stamped by the Court through a process known as service. The respondent then has the opportunity to respond if they do not agree with the orders sought in the application. 

What is a subpoena? 

A subpoena is issued by a court generally at the request of a party, requiring a person to produce documents or give evidence to the Court. 

Appeals process in family law matters 

What is an appeal? 

In an appeal you ask the Full Court to set aside a decision made by a Family Court judge or Federal Circuit Court judge. An appeal is not a rehearing of the original dispute. Therefore, for your appeal to succeed you must convince the Full Court that the Family Court trial judge or Federal Circuit Court judge made an error. 

The appeal process in family law matters 

A Notice of Appeal must be filed in the Regional Appeal Registry within 28 days of an order made by a Family Court judge or Federal Circuit Court judge. The appellant must pay a filing fee.  

Appeals are listed for hearing before the Full Court (three judges of the Family Court). The Chief Justice may however, direct that an appeal from a Federal Circuit Court judge be heard by a single judge. 

Filing an appeal does not stop the order 

Filing a Notice of Appeal does not automatically affect the orders made by the judicial officer (except where the order is a divorce order). This means that both you and the other party must obey the orders, even if you have filed an appeal. 

If you want to stop the operation of the orders until your appeal is decided, you must file an Application in a Case to stay the orders and an affidavit. That application can only be filed after the Notice of Appeal has been filed. Applications seeking a stay of orders must be filed in the first instance registry in which the order under appeal was made.