A National Contravention List has been established to deal with all contravention applications filed in the Federal Circuit and Family Court of Australia (FCFCOA) from 1 September 2021. Please refer to Family Law Practice Direction – National Contravention List for further information about what documents to file with this form and details about the National Contravention List.
NOTE: You cannot eFile this type of application. This form and any supporting documents must be filed by email to firstname.lastname@example.org.
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.
It is used for an application alleging a breach of a parenting order under Division 13A of Part VII of the Family Law Act 1975, or an order not affecting children, for example a financial order under Part XIII of the Family Law Act 1975.
Before filing an Application - Contravention, you should consider the result that you want to achieve. The remedies available from the Court range from the enforcement of an order to the punishment of a person for failure to obey an order. For example, the Court may make an order that:
- ensures the resumption of the arrangements set out in an earlier order;
- compensates a person for lost contact time;
- varies an existing order;
- puts a person on notice that if the person does not comply with an order, the person will be punished;
- or punishes a person by way of a fine or imprisonment.
If you don't actually want the other party punished (eg. fined or imprisoned) for the breach but rather want to ensure the resumption of the arrangements set out in an earlier order, you should file an Application – Enforcement rather than an Application – Contravention.
Have you read the Compulsory Dispute Resolution brochure? If you are considering filing an application for parenting orders, please read the brochure first. Failure to do so may result in your application not being accepted for filing.
To understand your legal rights and responsibilities you should obtain legal advice before filing an Application – Contravention. 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.
Number of copies of the form for filing, service and yourself
The completed and signed original of the form is to be emailed to the Court at email@example.com. Before you email it you must retain a copy for your own records.
What you file with this form
- The order, agreement or undertaking that you allege has been breached.
- An Affidavit – Family law and child support.
- A valid s.60I certificate or (if seeking an exemption from the dispute resolution process). s.60I certificates are valid for 12 months from the latest family dispute resolution or attempted resolution - see r.26(1) of Family Law (Family Dispute Resolution Practitioners) Regulations 2008.
If your application relates to an existing order that was made within the last 12 months and there are reasonable grounds to believe that the person who has allegedly contravened the order has behaved in a way that shows a serious disregard for his or her obligations under that order, you should file an Affidavit of Non-Filing of Family Dispute Resolution Certificate.
Who you serve
How you serve this form
By personal service, after you have received sealed copies from the Court.
The Service Kit provides instructions on how to do this.
What is filed in response
There is no form to respond to an Application - Contravention, however the other person may file an application seeking a variation of the order that it is alleged has been breached.
The relevant legislation is Chapter 11 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
The Application in a Proceeding gives more information about an urgent application or an application during a case.
In completing a Court form, you must
Complete the form by typing or hand printing in ink.