Commencing or responding to proceedings in the Family Courts of Australia

 

Initiating application


File the following documents with an Initiating Application in financial proceedings:

1. a Genuine Steps Certificate that certifies the applicant has complied with the pre-action procedures and made a genuine attempt to resolve the dispute;

2. a financial statement;

3. the Financial Questionnaire;

4. a copy of any family violence order affecting the child or a member of the child’s family under rule 2.10;

5. an affidavit in support if seeking interlocutory orders.

Each party must file an Undertaking as to Disclosure before the first court date unless the court orders otherwise. This undertaking includes a statement that the party has read Parts 6.1 and 6.2 of the Rules. The form and a copy of Parts 6.1 and 6.2 of the Family Law Rules 2021 are on the matter plan.

Parties need to comply with the pre-action procedures, including disclosure, before issuing proceedings. If they sign the undertaking as to disclosure at the same time as filing the application or response, they have complied with their obligations. An issue may arise if further disclosure is requested in the intervening period but not provided.

Read full article on our blog:

https://rigolilawyers.com.au/2022/10/commencing-or-responding-to-proceedings-in-the-family-courts-of-australia/

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