Family Law Practice Direction: National Enforcement List

(FAM-ENFORCEMENT)

1. Introduction

1.1 This Practice Direction establishes a National Enforcement List which applies to any Application – Enforcement (application) filed for enforcement of an order made in financial or property only matters pursuant to sections 105 or 109A of the Family Law Act 1975 (Cth) (Family Law Act) and Part 11.1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (the Rules) from 21 September 2026.

1.2 This Practice Direction does not apply to any Application – Contravention or Application – Contempt.

1.3 All parties must comply with orders of the Court. Alleged failures to comply with court orders will be taken seriously, and enforcement action taken quickly upon the filing of an application. If the Court is required to make an order for enforcement, the Respondent may be required to pay the Applicant’s legal costs of making that application.

1.4 Legal practitioners appearing in the National Enforcement List may also be subject to personal costs orders if the application or defence of the application is determined to be frivolous or without merit, or where non-compliance with the Rules is demonstrated.

1.5 The objectives of the National Enforcement List are:

  1. to uphold the authority of the Court by enforcing compliance with orders;
  2. where appropriate, to resolve difficulties with financial or property orders which have contributed to non-compliance;
  3. to deter non-compliance with orders;
  4. to efficiently deal with applications for enforcement on a national basis in a timely, cost effective and safe way for all litigants;
  5. to impose appropriate costs orders where enforcement orders are required to be made; and
  6. to triage appropriate matters to dispute resolution.

1.6 Legal practitioners and parties are required to act consistently with the overarching purpose of family law practice and procedure in section 95 of the Family Law Act, which is to facilitate the just resolution of disputes in a way that ensures the safety of families and children according to law, and as quickly, inexpensively and efficiently as possible.

1.7 This Practice Direction is to be read together with:

  1. the Family Law Act;
  2. the Rules; and
  3. the Central Practice Direction – Family Law Case Management.

1.8 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.

2. Filing in the National Enforcement List

2.1 Two types of applications and requests may be filed in the National Enforcement List:

  1. Application – Enforcement: an application can be made when the filing party seeks that an enforcement order be made by the Court. These applications will be listed for First Return Hearing, unless a request for an urgent hearing has been granted.
  2. Enforcement requests: a request can be made when the relevant enforcement order has been made, and a party seeks for the Court to act upon that order. These requests will generally be considered in Chambers.

2.2 The National Enforcement List will be administered by the National Enforcement List Registrars (Enforcement Registrars).

2.3 Pursuant to rule 11.59, an order may only be enforced against a person if a sealed copy of the order is served on that person or the court is otherwise satisfied that the person has received notice of the terms of an order. Evidence of service of the order being enforced must be provided in all requests or applications for enforcement.

Enforcing an Order (where further court orders are required)

2.4 A party seeking additional orders to enforce an existing financial or property order must lodge the following documents for filing by email to enforcementlist@fcfcoa.gov.au:

  1. an Application – Enforcement;
  2. an affidavit which complies with rule 11.06 of the Rules stating the facts in support of the orders sought in the application; and
  3. a copy of the order, bond, agreement or undertaking is sought to be enforced (which must be attached to the affidavit).

2.5 The affidavit filed with the Application must be in numbered paragraphs, be sworn or affirmed no more than two days before it is lodged for filing, and must comply with all requirements in rule 11.06:

  1. attach a copy of the order or agreement to be enforced;
  2. set out the facts relied on, including the following:
    1. the name of the payee (the person who is to receive the money);
    2. the address of the payee, unless disclosing this address would compromise the payee’s safety;
    3. the name and address of the payer (the person who is to pay the money);
    4. that the payee is entitled to proceed to enforce the obligation;
    5. confirmation that the payer is aware of the obligation and is liable;
    6. that any condition has been fulfilled;
    7. details of any dispute about the amount of money owed;
    8. the total amount of money currently owed and any details showing how the amount is calculated, including interest (if any) and the date and amount of any payments already made;
    9. what other legal action has been taken to enforce the obligation;
    10. details of any other current applications to enforce the obligation;
    11. the amount claimed for costs, including costs of any proposed enforcement.

2.6 If the application is deficient or non-compliant with the relevant Rules, the Enforcement Registrar may decline to accept the application for filing. Where an application is not accepted, a fresh application is required to be lodged for consideration by the Enforcement Registrar with the issues fixed.

Enforcing an Order (where further court orders are not required)

2.7 This procedure applies to matters where further orders of the court are not required to facilitate enforcement, including requests for:

  1. documents to be signed pursuant to an existing order made pursuant to section 106A of the Family Law Act;
  2. the issuing of a Third Party Debt Notice where there is an existing order for the payment of a sum of money;
  3. the issuing of an Enforcement Warrant where there is an existing order for the payment of a sum of money; and
  4. the issuing of a Warrant for Possession where there is an existing order for the Warrant for Possession of real property or the delivery of personal property;

"Chambers Enforcement Requests".

2.8 Chambers Enforcement Requests must be sent by email to enforcementlist@fcfcoa.gov.au. These requests will be considered by an Enforcement Registrar in chambers and are not required to be served upon any other party.

Request to execute a document pursuant to existing section 106A order

2.9 Pursuant to section 106A, a Registrar can only execute a “deed or instrument” on behalf of another party, not any other kind of document.

2.10 Where a party seeks to have a deed or instrument executed by an Enforcement Registrar pursuant to an existing section 106A order, the following documents must be lodged for filing by email to the Court:

  1. An affidavit which:
    1. annexes the court order containing the existing section 106A order;
    2. annexes evidence that the party/ies own the asset impacted by the document/s sought to be executed (e.g. a current title search of a real property to be transferred or a current ASIC search confirming ownership of shares to be transferred);
    3. sets out other required information including:
      1. evidence of service of the order pursuant to rule 11.59;
      2. details of the alleged refusal or neglect to execute the deed or instrument by the allegedly defaulting party;
      3. whether any pre-condition to the execution of the deed or instrument has been fulfilled;
      4. details of any dispute about the obligation to execute the deed or instrument which is sought to be enforced;
      5. What other legal action has been taken to enforce the obligation to execute the deed or instrument; and
  2. A copy of the deed or instrument sought to be executed by the Enforcement Registrar, which has already been executed by all other required parties (where it requires more than one signature).

Request for the issuing of a Third Party Debt Notice, Enforcement Warrant or Warrant for Possession where there is an existing order

2.11 Where a party seeks the issuing of a Third Party Debt Notice, the following documents must be submitted:

  1. an affidavit which complies with rules 11.06 and 11.34(2) and evidences service pursuant to rule 11.59; and
  2. a clean copy of the Third Party Debt Notice sought to be issued.

2.12 Where a party seeks the issuing of an Enforcement Warrant – Seizure and Sale of Property or a Warrant for Possession of Real Property, the following documents must lodged for filing by email to the Court:

  1. an affidavit which complies with rules 11.06 and 11.15(2) and evidences service pursuant rule 11.59 (and where a Warrant for Possession of Real Property is sought, annexes evidence that the respondent has had at least 7 days’ notice of the order to be enforced pursuant to rule 11.56);
  2. a clean copy of the warrant sought to be issued in Word format.

2.13 If an Enforcement Warrant is issued, an undertaking is required to be provided to the enforcement officer pursuant to rule 11.16.

Enforcing an agreement

2.14 A party seeking to enforce an agreement made under section 87 of the Family Law Act or a financial agreement under Parts VIIIA or VIIIAB of the Family Law Act, must first file an Initiating Application – Family Law seeking an order that the agreement, or a specified part of the agreement, be enforced as if it were an order of the Court pursuant to rule 11.02.

Enforcing a child support liability

2.15 The Court can make orders for the enforcement of a child support liability where the liability arises as a result of:

  1. a court order for the payment of child support;
  2. an administrative assessment issued by the Child Support Registrar;
  3. an obligation to pay a periodic amount of money (e.g. $X per week) pursuant to a Binding Child Support Agreement or Limited Child Support Agreement that has been registered with the Child Support Agency; or
  4. an obligation to pay a non-periodic amount pursuant to a Binding/Limited Child Support Agreement (e.g. half of a child’s school fees or private health insurance).

2.16 An application to enforce a child support order may be made in the same way as applications to enforce other orders in financial or property matters as outlined above.

2.17 Prior to issuing enforcement of a child support liability, written notice must be given to the Child Support Agency of the payee’s intention to issue proceedings to recover the liability, at least 14 days prior to issuing proceedings (save for exceptional circumstances).

2.18 A party who seeks to enforce a child support liability which arises as a result of an administrative assessment by the Child Support Agency or a Binding/Limited Child Support Agreement must first obtain an order for payment of the amount owed by filing:

  1. an Application – Enforcement;
  2. an affidavit setting out the facts relied upon in support of the application including:
    1. name and address of payer and payee (unless disclosure could compromise a party’s safety);
    2. that the payee is entitled to seek to proceed to enforce the obligation;
    3. that the payer is aware of the obligation and is liable;
    4. that any condition has been fulfilled;
    5. details about any dispute about the amount or calculation of the amount owed;
    6. the total amount owed as at the date of swearing the affidavit, including details as to:
      1. how the total was calculated;
      2. interest, if any; and
      3. date and amount of any payments previously made.
    7. what, if any, other action has been taken by way of enforcement;
    8. the amount claimed for costs; and
    9. a copy of the Notice served on the Child Support Agency and a copy of the Order or agreement to be enforced, as annexures to the affidavit.
  3. if the payee is the Child Support Agency or the applicant is seeking to recover a liability for a periodic payment under a Binding/Limited Child Support Agreement which has been registered with the Child Support Agency, a certificate pursuant to section 116 of the Child Support (Registration and Collection) Act 1988 (Cth).

Notifying the other party

2.19 Pursuant to rules 11.59 and 2.28 of the Rules, the applicant in an Application – Enforcement must effect personal service of the following documents on all other parties in accordance with the Rules of Court and file an Affidavit of Service:

  1. Application – Enforcement;
  2. Affidavit which complies with rule 11.06 (which annexes a copy of the order/agreement which is sought to be enforced); and
  3. a copy of the Enforcement hearings prescribed brochure.

Seeking consideration of an urgent listing

2.20 A party who seeks an urgent listing must provide a cover letter for urgency with the application or request. The cover letter for urgency must outline:

  1. the nature of the application or request; and
  2. the basis upon which the party says that an urgent hearing is required.

3. Responding to an Application – Enforcement

3.1 A party who is served with an Application – Enforcement is not required to file any documents in response to that application.

3.2 However, if a respondent wishes to dispute either the orders sought in the Application – Enforcement or any fact outlined in the applicant’s affidavit, the respondent must file:

  1. an Application in a Proceeding outlining the orders they seek; and
  2. an affidavit stating the facts relied on in support of the orders sought.

3.3 Those documents must be filed and served as soon as possible after being served with an Application – Enforcement and prior to the first court date.

4. Operation of the National Enforcement List

4.1 The National Enforcement List will operate nationally and be conducted electronically.

4.2 Chambers Enforcement Requests will be considered in Chambers and responded to in writing by the Court.

4.3 Applications that are accepted for filing will be listed for a First Return Hearing before an Enforcement Registrar.

4.4 Shortly after filing, and prior to the first court date, the Court will issue Chambers orders detailing the procedural steps parties must take prior to the first court date. Those orders must be served by the Applicant upon all other parties.

4.5 At the First Return Hearing, an Enforcement Registrar may do any of the following, noting that the respondent has the right not to participate or make any submissions in relation to the application:

  1. identify what outcome is sought by the applicant in filing their application, and if required, order that the applicant file an amended Application – Enforcement and supporting affidavit or direct the applicant to file a different application;
  2. clarify whether the relief sought falls within the powers delegated to a Deputy or Judicial Registrar pursuant to the Rules or whether a determination by a Judge is required;
  3. order that a party file further evidence required for an Enforcement Registrar to determine the application;
  4. clarify whether the respondent intends to defend the Application – Enforcement, and if so, provide a timetable for the filing of an Application in a Proceeding and affidavit by the respondent;
  5. identify whether an Enforcement Hearing (to obtain information to aid in enforcement) is required, and if so:
    1. make any directions required regarding the production of documents, the filing of a Financial Statement, the issuing of subpoenas and/or the attendance by parties at an Enforcement Hearing as are required;
    2. clarify whether cross-examination will be required at the Enforcement Hearing.
  6. if required, order the production of disclosure documents and/or grant leave for subpoenas to be issued to aid in enforcement;
  7. inform the parties, and the legal practitioners of the costs, penalties and sanctions that may be imposed, including the possibility of personal costs orders and fines, if a party fails to comply with a court order or the Rules and/or where an enforcement order is required to be made;
  8. refer the parties to participate in family dispute resolution or a conciliation conference;
  9. identify whether there are ongoing proceedings and if so, discuss whether the issues the subject of the application can be addressed as part of those existing proceedings; and
  10. explore whether a resolution of the application is possible without the need for a final hearing, including varying the orders sought to be enforced through negotiation or referral to other dispute resolution.

4.6 The applicant should only respond “Yes” to Item 4 in the Application – Enforcement if they seek a hearing to obtain information from the other party to aid in enforcement either by way of cross-examination or by way of the production of documents at the hearing. An Enforcement Hearing is not the defended hearing of an Application – Enforcement, but a hearing to gather information from the other party to assist an applicant in enforcing an order or agreement under rule 11.11.

4.7 If the matter does not resolve at the First Return Hearing, the Enforcement Registrar may:

  1. list the matter to a directions hearing before the Enforcement Registrar, including if further procedural orders are required;
  2. list the matter to a final hearing of the Application – Enforcement before an Enforcement Registrar if the relief sought falls within the powers of an Enforcement Registrar; or
  3. list the matter to a final hearing of the Application – Enforcement before a Judge if the relief sought falls outside the powers of an Enforcement Registrar.

The Honourable Justice William Alstergren
Chief Justice – Federal Circuit and Family Court of Australia (Division 1)
Chief Judge – Federal Circuit and Family Court of Australia (Division 2)
Date: 20 August 2026

Related information:
Practice and procedure update: National Enforcement List
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