This form is available for legal practitioners, if you are an unrepresented litigant see the Application for Consent Orders Kit which includes instructions and additional information to assist you to complete and file the form.
This template contains the proforma consent orders that are to be typed and filed with your Application for Consent Orders
This form is used in general federal law and migration proceedings to make an application to defer the payment of a court fee if: the need to file a document on which a filing fee is payable is so urgent that it overrides the requirement to pay that fee before the document is filed; or having regard to your financial circumstances (or that of the party liable to pay the fee), it would be oppressive or otherwise unreasonable to require you (or that party) to pay a court fee at the time it is required; or you (or the party liable to pay the court fee) are (or is) represented by a lawyer who is not charging you (or that party) in relation to the proceeding; and you (or the party liable to pay the fee) want (or wants) to have the time for payment of a court fee deferred.
The application for divorce (or divorce kit) is an online form using the Commonwealth Courts Portal. This allows you, within the Court’s secure website, to access your court file, the ability to eFile and access court orders 24/7.
This form is used in general federal law or migration proceedings to make an application to be exempted from paying a court fee. Use this form if: you are receiving legal aid for your proceeding from a State/Territory Legal Aid Office or an approved legal aid scheme or service (including an approved community legal centres); or, you are the primary cardholder of a Health Care Card, Pensioner Concession Card, Commonwealth Seniors Health Card or any other card that entitles you to Commonwealth health concessions (this does not extend to a dependant of the primary cardholder); or, you are serving a sentence of imprisonment or otherwise detained in a public institution; or, you are younger than 18; or, you are receiving youth allowance or Austudy payments or ABSTUDY benefits.
This form is used in general federal law and migration proceedings to make an application to be exempted from paying a court fee, or to pay a reduced fee, on the basis of financial hardship. In considering whether payment of a fee would cause financial hardship to an individual, the Court must consider the individual’s income, day to day living expenses, liabilities and assets. If you are applying for an exemption or reduction of a filing fee, then this form must be lodged at the same time as the document on which that fee must be paid is lodged. If you are applying for the exemption of a setting-down or hearing fee, then this form must be lodged once the hearing date is set. For more information, see regulations 2.06 and 2.06A of the Federal Court and Federal Circuit and Family Court Regulations 2012.
This form is used to apply for an exemption of paying fees if payment of a fee will cause you financial hardship and you are not eligible for a general exemption. This form cannot be used for divorce applications.
This form is used to apply for an exemption of fees, in a family law matter, if you are eligible for an exemption.
Form to apply for reduction of payment of divorce or decree of nullity due to financial hardship
Form to apply for reduction of payment of divorce or decree of nullity fees - general
Use this form to claim a refund of court fees paid if:
a. you have paid more for court fees that you were required to pay under the Regulation (to claim back the excess paid); or
b. you have paid a court fee but it had already been paid by another person or it was not payable under the Regulation at all (to claim back the whole of the fee you paid); or
c. for a hearing that has not commenced, you paid a hearing fee and you notified the Court within the time required by subsection 2.19(6) of the Regulation that the hearing would not occur or would occur only for the purpose of making formal orders (to claim back all of the hearing fee paid); or
d. for a hearing that has not commenced, you paid a hearing fee but the hearing did not occur or occurred only for the purpose of making formal orders and, although you did not notify the Court as required by paragraph 2.19(5)(a) and subsection 2.19(6) of the Regulation, this was not because of any fault on your part (to claim back the hearing fee paid); or
e. for a hearing that has commenced, you have paid a hearing fee for a hearing day which was not required because:
o the proceeding settled or was discontinued; or
o for some other reason the hearing did not proceed on the hearing day paid for
(to claim back the hearing fee paid for unused hearing days)
f. you have paid a mediation fee for a mediation attendance which did not proceed and the Court, a Judicial Officer or Registrar has ordered this fee be refunded (to claim back the fee ordered to be refunded).
This form is approved for use to review a decision of a Registrar
If you require a sealed copy of orders from a file that are not available from the Commonwealth Courts Portal and you were a party to the proceedings you should complete the Application for sealed copy of orders. It is important to include the full names of the parties. Most orders made after July 2017 are available to download from the Commonwealth Courts Portal at no cost.
This form is used if a party to current proceedings wishes to seek further interlocutory or procedural orders. An Affidavit must be filed at the same time stating the facts relied on in support of the orders sought in the Application in a Proceeding.
This form is filed together with the Notice of Appeal when: Seeking leave to file out of time; Urgency – a cover letter must also be filed setting out the circumstances of the urgency; Adduce further evidence; Costs if not sought immediately after the appeal. An Affidavit stating the facts relied upon in this application must also be filed.
This form is used by a party to an arbitration (or in certain circumstances, the arbitrator) to make an application with respect to an arbitration. An arbitrator may use this form to refer a question of law to the Court
This form is used to apply for a person to be punished for contempt of court. An Affidavit must be filed at the same time stating the facts relied on in support of the application
You should complete this form if you want to seek an order from the Court imposing a punishment or another consequence on a person for the breach of a Court order. You cannot eFile this type of application.
This form is used to seek enforcement of existing Court orders (except for parenting orders). It is important to read the information on the front sheet of the form.
This form is used for commencing a proceeding in the Fair Work Division of the Federal Circuit and Family Court of Australia (Division 2).
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