This form is used to enforce a party’s obligation to vacate real property.
The warrant must be signed, dated and sealed before it is enforceable and remains in force for 12 months.
You must file an Affidavit – Family law and child support with this form. The Affidavit must comply with r11.06.
Filing with the Court
This form must be lodged for filing by email to enforcementlist@fcfcoa.gov.au.
If the warrant issues
If the warrant issues, it authorises an enforcement officer to enter the real property described in the warrant and give possession of the real property to the person entitled to possession.
It is your responsibility to select an enforcement officer to action the warrant. You can use:
- The Marshal of the Federal Circuit and Family Court or their delegate. Documents should be emailed to marshal@fedcourt.gov.au. The Court may organise someone else to effect the warrant.
- A person that the Applicant has arranged to have appointed by the Court as the enforcement officer e.g. local court bailiff, police officer, trustee in bankruptcy, a licences private commercial agent or receiver. The Court does not keep a list of people approved to do this work. Documents should be emailed to marshal@fedcourt.gov.au.
- A person, not listed above. The Applicant can ask the Court to appoint a named person (other than above) as an enforcement officer to action the warrant. They must file an Affidavit setting out the facts relied upon to satisfy the Court that the person is fit and proper to be appointed to execute a warrant; the proposed fees and expenses of the warrant and attaching the written consent of the proposed enforcement officer at the same time as the warrant.
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.
