Application in a proceeding

This form is used if a party to current proceedings wishes to seek further interlocutory or procedural orders.  

An Affidavit must be filed at the same time stating the facts relied on in support of the orders sought in the Application in a Proceeding.

When final orders are made, any interlocutory order made in the proceeding pending further order is automatically discharged and ceases to have continuing effect.

The names of the applicant and respondent should be the same as the original application. The name of the person filing the application should be indicated at Filed on behalf of

It is important to read the Instructions for Completion on the front page before you proceed.

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. For more information see:

Family law proceedings

Filing with the Court

This type of application can be electronically filed on the Commonwealth Courts Portal (see How do I eFile). If for some reason you cannot eFile, you can file at a Court registry.

TIP: If you are not registered on the Commonwealth Courts Portal or are registered but do not have access to your file electronically email registerme@comcourts.gov.au with your full name, date of birth, name of the other party, file number (if known) and your portal user name if you are already registered so we can create your registration or provide access to your file.

Service

You will need to serve a copy on the other party or parties and keep a copy for your records. See How so I serve family law documents.

Migration and general federal law proceedings

Filing with the Court

Once complete, you need to file the documents with the Court. It must be filed electronically using eLodgment, unless it is not reasonably practicable to do so.

Service

You will need to serve a copy on the other party or parties and keep a copy for your records. See the details about service in each area of law: