Your Family Law Case – How are proceedings Commenced?

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Family Law proceedings in the Federal Circuit Court are commenced by application supported by an affidavit.

Part 4 Rule 4.01 outlines the requirements for commencing a proceeding. The person filing the application whether seeking final, interim or procedural orders must file an affidavit stating the facts relied on.  Depending on the nature of the application, there may be additional documents required to be lodged.  For example, in a property matter,  a Financial Statement should also be lodged.

When the application is filed, it will be given a first court date.  Some applications require the lodging of a section 60I certificate or an affidavit relating to the non-filing of such certificate.

The Court documents are to be served on the respondent.  The Court does not arrange for the service of the documents, it is the responsibilty of the applicant to arrange for service.

If the respondent wishes to oppose the application, a response and a supporting affidavit pursuant to Rules 4.03 and 4.04 should be filed.  There may also be other documents required to be filed, depending on the matter.  For example, in a property matter, a Financial Statement should also be lodged.

If you require advice about your family law matter, do not hesitate to contact Canberra Family Lawyers, Claire Naidu & Co.  Click here for our contact details.

 

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