An undertaking is a promise to the Court which is as binding as a Court order. If a person gives an undertaking that they will take certain action, the Court requires that person to take the action, as if the Court had made an order. A breach of an undertaking is treated the same way as a breach of an order.
NOTE: If you breach the undertaking you may be guilty of contempt of Court and may be punished by a fine or imprisonment.
Filing with the Court
This form should be eFiled with the Court using the Commonwealth Courts Portal. See How do I eFile? for a step-by-step guide. If for some reason you cannot eFile, you can file at a Court registry.
You will then need to serve a copy on the other party or parties.
TIP: If you are not registered on the Commonwealth Courts Portal or are registered but do not have access to your file electronically, please complete the enquiry form for divorce or other family law.
In the form, you need to select:
- I am making an enquiry about myself
- Commonwealth Courts Portal support and registration
- I am registered for the Commonwealth Courts Portal but can't see my file
Then provide your full name, email address, date of birth and the full name of the other party so we can verify your identity.
You should also provide your telephone number in case we need to contact you, and your Commonwealth Courts Portal username if you know it.
At Step 3 please provide your file number, if known, and ask for your client number.
Service
You need to serve a copy by ordinary service on the other party or parties. For more information on service in family law proceeding see How do I serve family law documents?.
Legal advice
To understand your legal rights and responsibilities you should obtain legal advice. A lawyer can explain how the law applies to your case and assist you to complete forms and lodge documents. The Court is unable to provide legal advice because to do so would seriously compromise its ability to impartially determine your case. There are several free services available. See Find a Lawyer for more information.
