KWJ v The Queen

1. The first respondent pay the applicant's costs fixed in the sum of ELEVEN THOUSAND FIVE HUNDRED AND SIXTY SIX DOLLARS AND FORTY TWO CENTS ($11,566.42), to be adjusted as part of the final property settlement.
2. All extant interim applications are otherwise dismissed.
3. Within 14 days the first respondent file all responding documents required to be filed by her with respect to financial matters as set out in the Court's Family Law Practice Direction: Financial Proceedings, a copy of which is annexed to these orders.
4. The applicant and the first respondent (and their legal representatives, if any) attend a Conciliation Conference on 10 February 2026 at 9.00 am.
5. Each of the applicant and the first respondent pay one-half of the Conciliation Conference fee in accordance with the Family Law (Fees) Regulation 2012 at least 28 days prior to the Conciliation Conference unless otherwise exempted from payment.
6. That within 21 days the applicant and the first respondent each provide to the other copies of all documents in their respective possession or control as required by rule 6.06 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) NOTING THAT a copy of the applicable rule is annexed to these orders.
7. That any further disclosure as may be requested by the applicant or the first respondent be provided to the other no later than 7 days after such request.
8. That within 14 days the applicant provide to the first respondent a draft joint schedule of assets and liabilities.
9. That within 14 days thereafter, the first respondent provide their response to the draft statement of assets and liabilities.
10. The applicant and the first respondent shall appoint a jointly instructed single expert to value any asset the value of which is in dispute, with the cost of such valuation to be at their joint and equal expense.
11. That any valuation obtained by the applicant and the first respondent be filed no later than 14 days prior to the Conciliation Conference.
12. Pursuant to Section 13C(1)(b) of the Family Law Act 1975 (Cth), all parties and their legal representatives (if any) and the Independent Children's Lawyer shall attend:

(a) Part 1 of the confidential Court-based Family Dispute Resolution (FDR) Conference with a Registrar (as Family Dispute Resolution Practitioner) on a date to be fixed, with each party to attend separately at times to be advised; and

(b) Part 2 of the confidential Court-based FDR Conference on 10 February 2026 at 2.00 pm.

1. The proceedings thereafter be referred to the Honourable Justice Kari for case management on a date and time to be advised following the FDR conference, NOTING THAT the Independent Children's Lawyer seeks that the matter be listed for trial with priority.

*Pursuant to Rule 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 this order is amended on 7 November 2025.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. These reasons were delivered ex tempore and have been settled from the transcript. Grammatical errors have been corrected, citations have been added and amendments have been made to make the orally delivered reasons clearer and easier to read.
2. The primary application before the court is an application brought by the applicant, MR HAVENER, for costs against the first respondent mother, MS HAVENER ('the mother') with respect to three interlocutory applications brought in the context of parenting proceedings between the parties with respect to the child, X ('the child'), born 2016.
3. The parenting proceedings involve, inter alia, the mother's application to relocate to New Zealand and a dispute as to whether the child should spend any time or have any communication with the applicant.
4. There are also competing applications before the court with respect to property settlement between the applicant and the first respondent.
5. The mother opposes any order for costs in favour of the applicant and seeks a costs order against him in her favour.
6. The mother and the second respondent, MR CAPELA, are the child's biological parents. The applicant is the mother's husband, from whom she is now separated. The applicant's evidence is that he was the child's social and psychological father for the first approximately seven years of her life.

1. The applicant seeks, by way of Application in a Proceeding filed on 29 August 2025, in summary, that the mother pay his costs of and incidental to:

(a) his Response to an Application in a Proceeding filed by the mother on 7 March 2025 seeking a stay pursuant to the Trans-Tasman Proceedings Act 2010 (Cth) ('the Trans-Tasman application');

(b) his Response to an Application in a Proceeding filed on 7 March 2025 in which the mother sought that the child's name be removed from the Airport Watch List maintained by the Australian Federal Police;

(c) an interim application filed by the applicant with respect to time with the child on 8 November 2024;

(d) a substantive hearing and a number of mentions relating to all of the above listed applications; and

(e) the present application.

1. The total amount of costs sought by the applicant is $11,566.42.
2. The applications in question were heard and determined by his Honour Judge McGinn in the Federal Circuit and Family Court of Australia (Division 2) on 12 August 2025. That hearing followed a number of mentions, some of which were effectively derailed as a consequence of the Trans-Tasman application having been filed.
3. The present application has come to be determined by me as a consequence of the proceedings having been transferred to this Court on 12 August 2025 by his Honour Judge McGinn.
4. The application for a stay on forum grounds pursuant to the Trans-Tasman Proceedings Act 2010 (Cth) was brought out of time pursuant to section 17 of that Act and his Honour dismissed it.
5. The application with respect to removal of the child's name from the Airport Watch List was also dismissed.
6. The applicant's application with respect to time with the child sought a build-up commencing with supervised time and progressing to overnight time. The mother sought that there be no time between the applicant and the child and that she be permitted to relocate with the child to New Zealand on an interim basis. Orders were ultimately made providing for the child to spend time with the applicant once per week for two hours under professional supervision.

1. The general rule pursuant to subsection 114UB(1) of the Family Law Act 1975 (Cth) ('the Act') is that each party to proceedings under the Act must bear that party's own costs. Subsection 114UB(2) provides that if the Court is of the opinion that there are circumstances that justify it in so doing, the court may depart from the general rule.
2. As the High Court held in Penfold v Penfold,[1] the general rule in subsection (1) must yield where there are circumstances justifying the making of an order for costs, and there is no additional or special onus on an applicant for costs. Considerations relevant to departure from the general rule are set out in subsection 114UB(3). Those relevant to this matter are considered in the following paragraphs.

(a) the financial circumstances of each party to the proceedings

1. The applicant disposes to being a self-employed lawyer who earns approximately $2,570 per week. He is privately funding this litigation.
2. The mother deposed, but did not adduce any documentary evidence to demonstrate, that she had debts exceeding $200,000 arising from this litigation. She described herself as being in severe financial hardship without providing particulars. She is not presently legally represented but was represented at the time of the applications and hearing before Judge McGinn. She is not in receipt of government assistance.
3. The mother has breached her obligations pursuant to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) ('the Rules') by failing to file a Financial Statement despite financial proceedings having been on foot for a period of six months and by failing to file a Costs Notice ahead of any of the court hearings in this matter including the hearing today. The court's resulting inability to assess her financial circumstances is a circumstance of her own making.
4. The mother asserted in an affidavit filed for the purposes of the present application that she was an undischarged bankrupt. She tendered correspondence this day which demonstrated that assertion was false and that the mother is not now, and was not at the time that she made that affidavit, bankrupt.
5. The mother and the applicant jointly own the former matrimonial home which is estimated by them to be valued at between $600,000 and $800,000 and is unencumbered. The mother resides in that property together with the second respondent, while the applicant resides in privately funded rental accommodation.
6. The mother alleges, and the applicant denies, that the applicant has hidden assets or resources. It is not possible to determine that at this interim stage.
7. It is well established that impecuniosity is not a bar to the making of a costs order.
8. The applicant accepted that any costs order made could be satisfied from the mother's ultimate property settlement entitlements at the time of their final property settlement, thus overcoming any difficulties with immediate payment. It is evident that on either party's case the mother's ultimate entitlement will be more than sufficient to meet the costs order sought against her.

(c) the conduct of the parties to the proceedings in relation to the proceedings

1. The applicable authorities[2] make clear that the relevant conduct in this regard is the party's conduct as a litigant.
2. The applicant complains of conduct on behalf of the mother in the form of false allegations and determination to prevent the child from seeing him. Although at least some of this conduct could well give rise to a successful costs application following a trial, I am not in a position to make findings at this stage with respect to such issues.
3. It is, however, evident from admissions made in the mother's own affidavit material that she has behaved obstructively in relation to the proceedings, including by way of one example only, by refusing to engage in mediation with the applicant, a position which appears to have arisen from a persistently held incorrect view that because he is not the biological father of the child, the applicant must have no standing and has no business seeking orders in relation to the child. Notably, no issue of standing was required to be determined by Judge McGinn at a time when the mother was legally represented.
4. In the documents filed by her in the context of the present application, rather than simply focusing on the applications properly before the court, the mother attempted, but was not permitted, to re-litigate matters which had already been determined by Judge McGinn, despite her own outline making it abundantly clear that she had been put on clear notice by both the applicant and the Independent Children's Lawyer of the inappropriateness of so doing.
5. The mother also filed voluminous material focusing not on the applications listed but on issues which will be determined at trial. This led to increased costs being incurred by the applicant.
6. As already mentioned, the mother has failed to comply with her obligations pursuant to the Rules with respect to the filing of documents despite having been legally represented between November 2024 and September 2025 and has falsely deposed to being bankrupt.
7. In the hearing before me today, the mother made the extremely serious allegation that the applicant's application in these proceedings was made on the basis of a fraudulent claim that he is a biological parent of the child. She was unable to substantiate this allegation, which is completely unsupported by the applicant's own evidence which frankly acknowledges that he is not a parent of the child. An unfounded allegation of fraud is in itself improper conduct on the part of the mother as a litigant.
8. It was submitted on behalf of the applicant, and I accept, that the Trans-Tasman application was not properly brought and constituted a waste of both court time and the parties' resources. No proper justification for this conduct has been proffered on behalf of the mother, who was legally represented at the time this application was brought.
9. The mother sought to blame her former solicitor for some or all of the aspects of the manner in which the litigation has been conducted on her part. There are two difficulties with this.
10. Firstly, in all but exceptional circumstances, parties are bound by the conduct of their lawyers.[3]
11. Secondly, many aspects of the obstructive approach alleged against the mother continue to be on display in the documents filed by her for the purposes of the present application and in her submissions before the court today, neither of which can be attributed to her former legal representatives.
12. As submitted on behalf of the applicant, it may well be that the mother will have some form of recourse against her former solicitor if she was given unsound advice, but this should not stand in the way of the issue of addressing the costs unnecessarily incurred by the applicant in these proceedings.
13. The mother, for her part, made allegations of obstructive and vexatious conduct on the part of the applicant, but these allegations were not borne out on the documents before the court nor pressed in submissions before me.

(d) whether the proceedings were necessitated by the failure of a party to the proceedings to comply with previous orders of the court

1. Orders were made by consent on 6 December 2024 providing for supervised time between the applicant and the child. The mother largely failed to comply with those orders, thus necessitating the further application by the applicant following which further orders were made restoring that regime by his Honour Judge McGinn.

(e) whether any party to the proceedings has been wholly unsuccessful

1. The mother was wholly unsuccessful with respect to the first two of the listed applications in relation to which costs are sought against her. In my view, neither party was wholly unsuccessful with respect to the issue of the parenting orders, noting that the orders made provided for less time than was sought by the applicant, but the mother was unsuccessful in her attempt to prevent orders being made for any resumption of time with the applicant.
2. I am also required to have regard to the overarching purpose imposed by section 95 of the Act and the corresponding obligations in section 96, which relevantly provide as follows:

95 Overarching purpose of the family law practice and procedure provisions

(1) The overarching purpose of the family law practice and procedure provisions is to facilitate the just resolution of disputes:

(a) in a way that ensures the safety of families and children; and

(b) in relation to proceedings under this Act in which the best interests of a child are the paramount consideration - in a way that promotes the best interests of the child; and

(c) according to law; and

(d) as quickly, inexpensively and efficiently as possible.

Note: For family law practice and procedure provisions, see subsection (4).

(2) Without limiting subsection (1), the overarching purpose includes the following objectives in relation to proceedings under this Act:

(a) the just determination of all such proceedings;

(b) the efficient use of the judicial and administrative resources available for the purposes of courts exercising jurisdiction in such proceedings;

(c) the efficient disposal of the overall caseload of courts exercising jurisdiction in such proceedings;

(d) the disposal of all such proceedings in a timely manner;

(e) the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute.

(3) The family law practice and procedure provisions must be interpreted and applied, and any power conferred or duty imposed by them (including the power to make applicable Rules of Court) must be exercised or carried out, in the way that best promotes the overarching purpose.

(4) The family law practice and procedure provisions are the following, so far as they apply in relation to proceedings under this Act:

(a) the applicable Rules of Court;

(b) any other provision made by or under this Act, or any other Act, with respect to the practice and procedure of the Federal Circuit and Family Court of Australia or any other court_._

96 Duty to act consistently with the overarching purpose

Duty of parties

(1) The parties to proceedings under this Act must conduct the proceedings (including negotiations for settlement of the dispute to which the proceedings relate) in a way that is consistent with the overarching purpose of the family law practice and procedure provisions.

(4) In exercising the discretion to award costs in proceedings under this Act, a court must take account of any failure to comply with the duty imposed by subsection (1) or (2).

1. I also have regard to paragraphs 1.4 and 1.5 of the Central Practice Direction which provide as follows:

1.4 The Courts expect parties and their lawyers to have in mind, at all times, the cost of each step in the proceedings and whether it is necessary, and to avoid unnecessary process-driven costs and unjustified use of court resources. In everything they do, parties and lawyers are expected to approach proceedings in a manner directed towards identifying the issues in dispute and ascertaining the most efficient, including cost efficient, method of resolution or determination. This includes giving proper consideration to identifying the issues in dispute, complying with their obligation to provide full and frank disclosure in a timely manner (see section 71B or section 90RI of the Family Law Act (for financial or property matters) and Part 6.1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (the Family Law Rules)), engaging in productive and resolution-focused communication with other parties, making appropriate admissions and pressing only issues of genuine significance. Ambit claims should be avoided and aggressive and unnecessarily adversarial conduct will not be tolerated. At all stages in the proceedings, parties must avoid filing evidence that is unnecessarily lengthy or only of limited relevance to the issues genuinely in dispute. Parties should limit the number of witnesses they rely on to those necessary to prove or disprove those issues truly requiring determination.

1.5 Any failure to comply with these requirements may attract costs orders against parties and/or practitioners and other consequences including, in appropriate cases, the drawing of adverse inferences, the making of a summary decree pursuant to section 102QAB of the Family Law Act, or orders providing that a matter be heard on an undefended basis.

1. The conduct of the mother as already detailed constitutes a significant failure on her part to comply with these obligations and I emphasise that the mother was legally represented for a significant proportion of the period of time for which these proceedings have been on foot.
2. Having regard to all of these considerations, I'm satisfied that the circumstances justify an order for costs.
3. As to the issue of quantum, the costs sought by the applicant are calculated by reference to the scale contained in Schedule 1 of the Federal Circuit and Family Court of Australia (Division 2)(Family Law) Rules 2021 for the period during which the proceedings were pending in that court and pursuant to the scale contained in Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 for the period during which the proceedings have been pending in this court.
4. The costs sought appear proportionate to the work undertaken with respect to the relevant applications. An order will be made for the amount as sought by the applicant.

1. The mother, by way of Response to the Application in a Proceeding brought by the applicant, sought that he pay her costs in an unspecified sum. She asserted in her case outline that any costs she sought were by reference to the applicable scale in each of the relevant courts but did not seek any specific orders by reference to either scale or at all.
2. The mother also sought reimbursement of costs which she said, but did not prove by way of admissible evidence, had been lost by her in the context of a wholly inappropriate unilateral attempt made by her to relocate to New Zealand without the court's approval or the applicant's consent while the proceedings were on foot. This attempt at unilateral removal of the child from Australia was prevented by the child's name being on the Airport Watch List.
3. There is no basis for such an order, particularly in circumstances in which the court has refused her application to remove the child's name from the airport watch list and in circumstances in which section 65Z of the Act makes it an offence punishable by imprisonment to remove a child from Australia while parenting proceedings are pending with respect to the child.
4. Aside from a litany of allegations that cannot be determined prior to trial, the mother adduced no evidence in support of her costs application. She made no submissions in support of it this day. The mother has not succeeded on any application which would attract an order for costs. Consideration of all of the factors I have already mentioned reveals no basis for any cost order in her favour.
5. That application will be dismissed.

I certify that the preceding forty-nine (49) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Parker.

6.06 Duty of disclosure - financial or property proceedings

(1) Subrules (2) to (8) do not apply to a party to a financial or property proceeding who is not a party to the marriage or de facto relationship to which the application relates, except to the extent that the party's financial circumstances are relevant to the issues in dispute.

(2) A party to a financial or property proceeding must make full and frank disclosure of the party's financial circumstances, including the following:

1. (a) the party's earnings, including income that is paid or assigned to another party, person or legal entity;
2. (b) any vested or contingent interest in property;
3. (c) any vested or contingent interest in property owned by a legal entity that is fully or partially owned or controlled by a party;
4. (d) any income earned by a legal entity fully or partially owned or controlled by a party, including income that is paid or assigned to any other party, person or legal entity;
5. (e) the party's other financial resources;
6. (f) any trust:

(i) of which the party is the appointor or trustee; or

(ii) of which the party, the party's child, spouse or de facto spouse is an eligible beneficiary as to capital or income; or

(iii) of which a corporation is an eligible beneficiary as to capital or income if the party, or the party's child, spouse or de facto spouse is a shareholder or director of the corporation; or

(iv) over which the party has any direct or indirect power or control; or

(v) of which the party has the direct or indirect power to remove or appoint a trustee; or

(vi) of which the party has the power (whether subject to the concurrence of another person or not) to amend the terms; or

(vii) of which the party has the power to disapprove a proposed amendment of the terms or the appointment or removal of a trustee; or

(viii) over which a corporation has a power referred to in any of subparagraphs (iv) to (vii), if the party, the party's child, spouse or de facto spouse is a director or shareholder of the corporation;

1. (g) any disposal of property (whether by sale, transfer, assignment or gift) made by the party, a legal entity referred to in paragraph (c), a corporation or a trust referred to in paragraph (f) that may affect, defeat or deplete a claim:

(i) in the 12 months immediately before the separation of the parties; or

(3) Paragraph (2)(g) does not apply to a disposal of property made:

1. (a) with the consent or knowledge of the other party; or
2. (b) in the ordinary course of business.

(4) A party to a marriage or de facto relationship starting, or filing a response or reply to, a financial or property proceeding (other than by an Application for Consent Orders) must file, at the same time:

1. (a) a Financial Statement; and
2. (b) a financial questionnaire in accordance with the approved form, unless the party is required by these Rules to file an affidavit.

(5) If a party is aware that the completion of a Financial Statement will not fully discharge the duty to make full and frank disclosure, the party must also file an affidavit giving further particulars.

(6) If a party's financial circumstances have changed significantly from the information set out in the Financial Statement or an affidavit filed under subrule (5), the party must, within 21 days after the change of circumstances, file:

1. (a) a new Financial Statement; or
2. (b) if the changes can be set out clearly in 300 words or less - an affidavit containing details about the party's changed financial circumstances.

(7) Unless the court otherwise orders, a party (the first party) who is required by this rule to file a Financial Statement (other than a respondent to an application for maintenance only) must, before the first court date, serve on each other party who has an address for service in the proceeding the following documents:

1. (a) a copy of the party's 3 most recent taxation returns;
2. (b) a copy of the party's 3 most recent taxation assessments;
3. (c) if the first party is a member of a superannuation plan:

(i) the completed superannuation information form for any superannuation interest of the party (unless it has already been filed or exchanged); and

(ii) for a self‑managed superannuation fund - the trust deed and a copy of the 3 most recent financial statements for the fund;

1. (d) if the party has an Australian Business Number - a copy of the last 4 business activity statements lodged;
2. (e) if there is a partnership, trust or company (other than a public company) in which the party has an interest - a copy of the 3 most recent financial statements and the last 4 business activity statements lodged by the partnership, trust or company.

(8) A respondent to an application for maintenance only must bring to the court on the first court date the following documents:

1. (a) a copy of the respondent's taxation return for the most recent financial year;
2. (b) a copy of the respondent's taxation assessment for the most recent financial year;
3. (c) copies of the respondent's bank records for the 12 months immediately before the date when the application was filed;
4. (d) the respondent's most recent pay slip;
5. (e) if the respondent has an Australian Business Number - a copy of the last 4 business activity statements lodged;
6. (f) any document in the respondent's possession, custody or control that may assist the court in determining the income, needs and financial resources of the respondent.

(9) This rule does not require a party to be served with a document that has already been provided to the party.

(1) A respondent to an application who seeks to do any of the following must file a response in accordance with the approved form:

(a) indicate consent to an order sought by the applicant;

(d) seek orders in a matter other than the matter set out in the application.

(2) A response must be filed and served within 28 days after service of the application to which it relates.

Note 1: Rule 2.04 requires a Notice of Child Abuse, Family Violence or Risk to be filed with a response in a parenting proceeding.

Note 2: If a response seeks a parenting order or any other order under Part VII of the Family Law Act in relation to a child, rule 2.10 requires the respondent to file a copy of any family violence order affecting the child or a member of the child's family that has not already been filed in the proceeding.

Note 3: The consequences for a failure to comply with this rule can include orders as to costs (see rule 10.27(1)(d)).

(3) A Response to an Initiating Application (Family Law) must not include a request for any of the following orders:

(c) a declaration as to validity of a marriage, divorce or annulment;

(d) an order under rule 1.11 authorising a medical procedure.

A respondent must not file an affidavit with a response to an application unless the respondent is:

(a) responding to interlocutory orders sought in the application; or

(b) seeking interlocutory orders in the response; or

(a) required to do so by another provision of these Rules or by a practice direction.

FINANCIAL OR PROPERTY PROCEEDINGS (FAM-FINANCIAL)

This Practice Direction sets out the procedure for all family law proceedings seeking orders with respect to property, maintenance, superannuation and financial agreements under Parts VIII, VIIIA, VIIIAB, and VIIIB and injunctions pursuant to section 114 of the Family Law Act 1975 (Cth) (Family Law Act) (financial or property proceedings). This Practice Direction does not apply to child support or child maintenance proceedings.[4]

the Family Law Act;

the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Family Law Rules);

Family Law Practice Direction: Priority Property Pool cases; and

Central Practice Direction: Family Law Case Management.

In the event the proceeding also involves an application for final or interlocutory parenting orders, parties and practitioners are directed to refer to Family Law Practice Direction: Parenting proceedings.

In proceedings where both financial or property and parenting orders are sought, both Practice Directions apply.

This Practice Direction applies to all proceedings commenced on or after 1 September 2021. This Practice Direction will also apply to all proceedings commenced prior to 1 September 2021, unless unfair or impractical to do so.

To the extent this Practice Direction is inconsistent with any act, regulation, rule or other legislative provision (whether or not expressly listed above), the act, regulation, rule or other legislative provision shall prevail.

Each prospective party to the proceeding must comply with the pre-action procedures in Schedule 1 of the Family Law Rules, unless an exception in rule 4.01(2) applies. Those pre-action procedures require parties to take genuine steps to resolve the dispute before proceedings are instituted.

A Genuine Steps Certificate must be filed with any Initiating Application (Family Law) or Response to Initiating Application seeking financial or property orders.

Where a party applies for a consent order which is expressed to bind the trustee of an eligible superannuation plan, the applicant must notify the trustee of the eligible superannuation plan pursuant to rule 10.06 of the Family Law Rules not less than 28 days before lodging the draft consent order or filing the Application for Consent Orders (unless the trustee provides written consent pursuant to rule 10.06(4)).

An application must include all necessary parties: see Part 3.1 of the Family Law Rules.

Unless the Court grants leave or both parties consent, financial or property proceedings (other than applications seeking declarations of existing property interests, or seeking to vary, set aside or revive existing financial property settlement or maintenance orders) may only be commenced:

within 12 months of a divorce order taking effect or decree of nullity in relation to a marriage, or

within two years of the breakdown of a de facto relationship: see section 44 of the Family Law Act.

In the event that financial or property proceedings are filed out of time, leave must be sought by the applicant in the application as an interlocutory order, together with an affidavit stating the facts relied on in support of the application for leave.

A financial or property proceeding is commenced by filing an Initiating Application (Family Law), unless the proceeding involves an application for consent orders only (which requires an Application for Consent Orders: see rule 10.04(4) of the Family Law Rules).

An Initiating Application (Family Law) may include an application for interlocutory orders.

Subject to 2.7, the following documents must be filed with an Initiating Application (Family Law) in financial or property proceedings:

a Genuine Steps Certificate, confirming the applicant's compliance with the pre-action procedures listed in Schedule 1 of the Family Law Rules;

a Financial Questionnaire, unless the Family Law Rules require an affidavit to be filed;

a copy of the current family violence order affecting the party in accordance with rule 2.10 of the Family Law Rules;

an Undertaking as to Disclosure in accordance with rule 6.02 of the Family Law Rules;

if the applicant is aware that the Financial Statement will not fully discharge the duty to make full and frank disclosure, an affidavit providing further particulars: see rule 6.06(5) of the Family Law Rules;

if the application seeks interlocutory orders, an affidavit stating the facts relied on in support of the interlocutory orders sought;

if the application seeks a search order, an affidavit which includes the required evidence as set out in rule 5.19(3) of the Family Law Rules; and

if the application seeks a freezing order, an affidavit which includes the required evidence as set out in rule 5.23(3) of the Family Law Rules.

If the only orders a party seeks are in relation to a pet, the following documents may be lodged for filing with an Initiating Application (Family Law) by email to the relevant registry:

a Genuine Steps Certificate, confirming the applicant's compliance with the pre-action procedures listed in Schedule 1 of the Family Law Rules;

a copy of the current family violence order affecting the party in accordance with rule 2.10 of the Family Law Rules; and

an affidavit stating the facts relied on in support of the orders sought.

The applicant must also pay the filing fee set by regulation, unless an exemption applies. A Judge or Judicial Registrar may require a party to give an undertaking to pay a filing fee before accepting a document for filing.

An affidavit is not required to be filed with an Initiating Application (Family Law) seeking final orders only (unless a party is only seeking orders in relation to a pet as outlined in 2.7 above).

An affidavit must be filed in the proper form as outlined in rules 2.14 (Formal requirements for documents) and 5.08 (Limit on number and length of affidavits) of the Family Law Rules.

If an application is urgent (urgent application), the applicant need not file all of the documents set out at 2.6 above (although they may be required to do so at a future date) but they must file the following:

(a) an Initiating Application (if there are no current proceedings) or an Application in a Proceeding (if proceedings have already commenced) which includes an order that the proceedings be listed urgently; and

(b) an affidavit stating the facts relied on in support of the urgent application.

An urgent application must be accompanied by a cover letter as to urgency, outlining the nature of the application and the basis upon which an urgent listing is required. The cover letter should refer to specific paragraphs of the affidavit relied upon in support of the urgent application.

If no application for final orders has been made, the urgent application should be included in the interlocutory orders sought in the Initiating Application (Family Law). If an application for final orders has already been made, an urgent application should be made by filing an Application in a Proceeding.

The applicant must serve the following documents on all other parties in accordance with Part 2.6 or Part 2.7 (as appropriate) of the Family Law Rules:

the Marriage, Families and Separation brochure.

Prior to the first Court event, the applicant must serve certain documents on each other party as listed in rules 6.06(7) and (8) (as applicable) of the Family Law Rules.

Written notice of an application for financial or property proceedings, including the information set out in rule 1.12(4) of the Family Law Rules, must also be served on persons listed in section 79AA(10) or section 90SMA(10) of the Family Law Act if applicable.

If an interlocutory order is sought without notice being given to the respondent (application without notice), the applicant must satisfy the Court of the requirements set out in rule 5.11 of the Family Law Rules. Such application should not be filed through the Commonwealth Courts Portal and should be filed with the registry by email.

Upon filing the Initiating Application (Family Law) and supporting documents, the Court will fix a date as soon as practicable for the first Court event.

Any application made by a party for an urgent listing will be determined by a Registrar on the papers.

If a matter is accepted as urgent, an Interim Hearing date will be provided at the earliest available time, having regard to the issues in dispute, including the extent of the urgency and considerations of procedural fairness. Directions may also be made in Chambers in relation to service or the filing of additional documents prior to the Interim Hearing.

If a matter is not accepted as urgent, it will be listed in accordance with the Case Management pathway outlined in this Practice Direction. Directions may be made in Chambers in relation to service or the filing of additional documents prior to the next court date.

If an Initiating Application (Family Law) or Response to Initiating Application is filed without a Genuine Steps Certificate, or before pre-action procedures have been complied with, and no exemption is applicable, the Court may stay the application until such time as the parties comply with the pre-action procedures: see rule 4.04 of the Family Law Rules.

An applicant must also, throughout the proceedings, provide the Court with the most current family violence orders, including if the family violence order is changed in any way.

A respondent must file a Response to Initiating Application if consenting to or opposing any of the orders sought by the applicant, or if seeking any other final orders in accordance with Part 2.4 of the Family Law Rules.

However, if a respondent does not wish to contest any of the orders sought by the applicant and will submit to any order the court may make, a Submitting Notice should be filed in accordance with rule 2.22 of the Family Law Rules.

Subject to 3.5, the following documents must be filed by a party to the marriage or de facto relationship with a Response to Initiating Application:

a Genuine Steps Certificate, confirming the respondent's compliance with the pre-action procedures listed in Schedule 1 of the Family Law Rules;

a Financial Statement (unless the respondent is objecting to jurisdiction: see rule 2.19 of the Family Law Rules);

unless the Family Law Rules require an affidavit to be filed, a Financial Questionnaire;

an Undertaking as to Disclosure in accordance with rule 6.02 of the Family Law Rules;

opposes any of the interlocutory orders sought by the applicant, an affidavit;

seeks interlocutory orders where the applicant has not, an Application in a Proceeding and an affidavit;

if the Response to Initiating Application seeks a search order, an affidavit which includes the required evidence as set out in rule 5.19(3) of the Family Law Rules; and

if the Response to Initiating Application seeks a freezing order, an affidavit which includes the required evidence as set out in rule 5.23(3) of the Family Law Rules.

The following documents must be filed by a third party with a Response to Initiating Application:

a Genuine Steps Certificate, confirming the respondent's compliance with the pre-action procedures listed in Schedule 1 of the Family Law Rules;

an Undertaking as to Disclosure in accordance with rule 6.02 of the Family Law Rules;

opposes any of the interlocutory orders sought by the applicant, an affidavit;

seeks interlocutory orders where the applicant has not, an Application in a Proceeding and an affidavit;

if the Response to Initiating Application seeks a search order, an affidavit which includes the required evidence as set out in rule 5.19(3) of the Family Law Rules; and

if the Response to Initiating Application seeks a freezing order, an affidavit which includes the required evidence as set out in rule 5.23(3) of the Family Law Rules.

If the only orders sought are in relation to a pet, the following documents may be lodged for filing with a Response to Initiating Application by email to the relevant registry:

a Genuine Steps Certificate, confirming the respondent's compliance with the pre-action procedures listed in Schedule 1 of the Family Law Rules;

a copy of the current family violence order affecting the party in accordance with rule 2.10 of the Family Law Rules; and

an affidavit stating the facts relied on in support of the orders sought.

A Response to Initiating Application must be filed and served, along with the documents listed at paragraph 3.3, 3.4 or 3.5, within 28 days of service of the application to which it relates: see rule 2.18(2) of the Family Law Rules.

Prior to the first Court event, each party to the marriage or de facto relationship must serve certain documents on each other party as listed in rules 6.06(7) and (8) (as applicable) of the Family Law Rules.

A respondent must also, throughout the proceedings, provide the Court with the most current family violence orders, including if the family violence order is changed in any way.

If the Response to Initiating Application raises a different type of proceedings

In the event a Response to Initiating Application raises parenting proceedings or another type of proceedings not sought by the applicant in the application, the parties are directed to refer to Family Law Practice Direction: Parenting proceedings or such other relevant Practice Direction. In such cases, both Practice Directions apply to the proceeding.

Where a respondent seeks orders relating to parenting proceedings or another type of proceedings for the first time in the Response to Initiating Application and the applicant seeks to oppose those orders or seek different orders, the applicant must file a Reply with respect to those orders: see rule 2.21 of the Family Law Rules.

Where a party applies for a flagging or splitting order which is expressed to bind the trustee of an eligible superannuation plan, or applies to set aside such an order under Part VIIIB, the party must serve a copy of the application or response on the trustee of the eligible superannuation plan pursuant to rule 1.12(5) of the Family Law Rules.

Where such a flagging or splitting order binding a superannuation trustee is sought and the proceeding has been listed for final hearing, the applicant must notify the trustee of the eligible superannuation plan in writing of the terms of the order sought at the final hearing no less than 28 days prior to the final hearing pursuant to rule 1.12(6) of the Family Law Rules.

For information on how family law proceedings are conducted in the FCFCOA, please refer to Central Practice Direction: Family Law Case Management.

Parties should also consult the FCFCOA website at www.fcfcoa.gov.au for further information about financial proceedings.

Chief Justice (Division 1) | Chief Judge (Division 2)

Updated: 17 November 2021, 28 November 2022, 1 May 2024, 10 June 2025

[1] Penfold v Penfold [1980] HCA 4; (1980) 144 CLR 311 at [12].

[2] Brott & Joachim [2006] FamCA 256; (2006) FLC 93-259; Stephens & Stephens and Anor (Enforcement) (Costs) [2010] FamCAFC 172; Renald & Renald (Costs) [2018] FamCAFC 4; (2018) FLC 93-819.

[3] KWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124; OP & TP & Anor (Conduct of Counsel) [2002] FamCA 1155; Inwood & Brock [2024] FedCFamC1A 72; Palmisano & Angelov [2025] FedCFamC1A 166.

[4] See Family Law Practice Direction: Child support and child maintenance proceedings_._