How do I eFile?

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The Commonwealth Courts Portal (the Portal) provides users with secure web-based access to information about their file and access to electronically file (eFile) a range of applications and supporting documents.

For Application for Divorce go to How do I apply for a divorce? and see 6. Filing your application.

Getting started

You will need access to the internet, a scanner*, printer and if a filing fee applies a VISA or Mastercard (credit/debit card).

For information on how to prepare your documents for eFiling see: Preparing documents for eFiling

* Did you know that you can scan documents on most smart phones/devices and then email them to yourself for your files?

You cannot eFile if:

  • you do not have access to the required technology.
  • you are unable to pay by credit/debit card online (you can buy a pre-paid debit card from various retail outlets for a nominal fee).
  • the application you require to file is not currently available to file online such as:
    • Application for a decree of nullity/validity of a marriage
    • Contravention (must be emailed – see National Contravention List)
    • Contempt
    • Enforcement
    • Reviews of a decision (appeals)
    • Third party debt notices
    • Notices to intervene by a third party
    • Request to issue a subpoena for attendance to give evidence or attendance to give evidence and produce documents.

    These forms must be filed by email at the Court registry where the matter is being heard. The filing email address is available on the location page of the location that your matter is being heard. See the dropdown heading Family law email contacts, then the heading Filing of documents by email.

If you are not registered for the Portal:

Go to www.comcourts.gov.au  to create your individual username and password - click on the Register now link

For more information about registering for the Commonwealth Courts Portal see: How do I register for the Commonwealth Courts Portal.

If you are already registered:

Login to your Commonwealth Courts Portal  account and follow the steps below for the type of documents you want to eFile.

Select a document to eFile:

To file an Application for Divorce, go to How do I apply for a divorce? and see 6. Filing your application

To file an:

complete the guided online interactive form or if you have already completed the form, upload a PDF version of the completed application using the unguided process.

Hint: The kit/form only needs to be completed beforehand if you are choosing the unguided upload process.

Choosing the guided or unguided process

Guided process

Selecting the guided option provides you with procedural assistance when answering the application question. Based on your answers you may be presented with help text and links to fact sheets relevant to that question. You will also be directed to upload supporting documents prior to submitting the application.

Unguided process

Selecting the unguided option allows you to upload a PDF version of a completed application document. A small number of online questions are required to create your file. The unguided process offers limited procedural guidance and is designed for someone who is familiar with Family Law proceedings. Using this process means you understand and accept the responsibility of ensuring the correct information and proper documents are provided. If you wish to seek fee exemption due to financial hardship, you need to use this process.

On 14 April 2020 the court introduced a digital court file.

If you have an existing file which was finalised before 14 April 2020 and you are lodging a new Initiating application, Application – Contravention or Application for divorce on the Commonwealth Courts Portal the court requires you ‘start a new file’ to support the digital court file (see Steps to eFile below).

If you lodge a new application after 14 April 2020 you should lodge any further new applications on the same file (see To file a new application on an existing family law file below).

Click on Electronically file on an existing Family Law file  on the home page or go to your file via search or available tabs to select your file and select File a new application then see step 1 below.

For legal representatives: To eFile a new application on an existing file, on behalf of your client, you may use the File a new application response or supporting document link if you are not yet registered as the legal representative on the file.

Steps to eFile

Go to Family Law eFiling - Start a new file  and follow the relevant prompts.

  1. Confirm the statement if you are filing on your own behalf.
  2. Read and confirm you have read and understood the eFiling obligations.
  3. Select the application type and court to file in Which document do you want to file
  4. Except for Divorce and Applications in a Proceeding that start a new file, you will now see options to choose an application process.
  5. Create a Title and Description then select Create and OK to confirm. This information is not supplied to the court and is only use by you to identify started/partly completed applications (which are available for 90 days).
  6. Complete the questions in each part, saving and validating each completed part as you go.

Helpful hint: users can go to at each question for help with that question.

  1. Complete any supporting documents, scan and save on your computer drive where you will be able to find them easily. The required documents will depend on what type of application is filed and the information you provide on the application.

NOTE: Supporting documents are split into 2 categories - required (must be provided to continue with the application) and additional (can be provided to support the application).

  1. Go to the drop down menu at Document Type and select the relevant document type.

    Select your name to choose who the document is filed on behalf of.

    Click on Choose File, select the document from where you had saved them – any document must be in PDF format and under 30 Mb.

    Click on Upload.

    When successfully uploaded a green tick will appear against the document.

  2. Complete Statement of Truth (guided process only). This will only appear once all of the above steps are fully completed (green ticks against all). A green tick will appear once the Statement of Truth is completed.

Note: If you have selected the unguided application option, this step is not required as you would have completed this step on your application form.

  1. Submit the application.

    Select the location where the application is to be heard from the drop down menu.

    Select a court date from the range of dates provided.

    You will be required to pay a filing fee. Confirm the payment option and complete the credit/debit card details. You may be eligible for an exemption. See Guidelines for fee exemption, reduction and refund.

    Once payment is approved a sealed document complete with the court date will be available to print for service on all parties to the proceedings (including the Independent Children's Lawyer - if any).

  2. Go to + and select the PDF icon to print out a sealed copy for service.

See How do I serve family law documents? for details about service.

Helpful hint: You can save the application you are working on and come back to it at a later date. If you save and log out, your application information will be preserved for 90 days. The court will not have access to your application until you pay the fee and submit the application. You can find it under ‘Partly completed applications’ on the home page.

Affidavits and supporting documents need to be completed using the appropriate forms available on the website, then be saved/scanned and uploaded to the portal.

The required documents will depend on what type of application is filed and the information you provide on the application.

Steps to upload supporting documents

  1. Complete the document, scan and save on your computer drive where you will be able to find it easily.
  2. Access the file by adding the file number e.g. ABC1234/2014 at Search for file then select Search. Select your file number next to the star to access the file details. 
  3. Under Existing applications select the + at the appropriate application.
  4. Select add document.
    You can also select the envelope to be notified by email of any activity on your file.
  5. Go to the drop down menu at Document Type and select the relevant document type.

    Select your name to choose who the document is filed on behalf of.

    Click on Choose File, select the document from where you had saved them – any document must be in PDF format and under 30 Mb.

    Click on Upload.

    When successfully uploaded a green tick will appear against the document.

  6. Go to Documents filed section and print sealed copies for service on all the parties to the proceeding (including the Independent Children's Lawyer - if any).
    Go to + Documents Filed and select the PDF icon to print out a sealed copy for service.

See How do I serve family law documents? for details about service.

Once you have registered, to eFile a response you must be linked to your existing family law file. You should have received a copy of your file number with the documents that were served on you. You will need your file number and client number. If you do not have your file number and/or client number contact us so we can organise access to your electronic file. You will need to provide your full name, date of birth and the full name of the other party and your portal user name.

When you have your file number and client number follow these steps:

  1. Log in
  2. Select Your profile 
  3. Select Request access to your file
  4. Enter your file number and client number then Submit

You will now be linked to your file. To access your file follow these steps:

Select the Available Files tab to locate your file or search using the Search for file bar.

Once you select your file you can access information about your file including lists of documents filed, view orders and file certain documents.

For legal representatives: To eFile a response on behalf of your client, you may use this link if you are not yet registered as the legal representative on the file.

The following responses can be eFiled by completing the guided online interactive form or if you have already completed the form, uploading a PDF version of the completed application using the unguided process.

  • Response
  • Response to an Application in a Proceeding

Affidavits and supporting documents need to be completed using the appropriate forms available on the website, then saved and uploaded to the portal.

Hint: The kit/form only needs to be completed beforehand if you are choosing the unguided upload process.

  1. Access the file by selecting the file number at Available Files or search the file number e.g. ABC1234/2014 at Search for file then select your file. Select your file number next to the star to access the file details.
  2. Under Existing applications select + at the appropriate application you wish to respond to.
  3. Select File a Response

You will now see options to choose an application process.

  1. Create a Title and Description then select Create and OK to confirm. This information is not supplied to the court and is only use by you to identify started/partly completed applications (which are available for 90 days).
  2. Complete the questions in each part, saving and validating each completed part as you go.

Helpful hint: users can go to at each question for help with that question.

  1. Complete any supporting documents, scan and save on your computer drive where you will be able to find them easily. The required documents will depend on what type of application is filed and the information you provide on the application.

NOTE: Supporting documents are split into 2 categories - required (must be provided to continue with the application) and additional (can be provided to support the application).

  1. Go to the drop down menu at Document Type and select the relevant document type.

Select your name to choose who the document is filed on behalf of.

Click on Choose File, select the document from where you had saved them – any document must be in PDF format and under 30 Mb.

Click on Upload.

When successfully uploaded a green tick will appear against the document.

  1. Complete Statement of Truth (guided process only). This will only appear once all of the above steps are fully completed (green ticks against all). A green tick will appear once the Statement of Truth is completed.

Note: If you have selected the unguided application option, this step is not required as you would have completed this step on your application form.

  1. Submit the application and make payment (if applicable).

NOTE: A filing fee applies for Response to Initiating Application. Confirm the payment option and complete the credit/debit card details. You may be eligible for an exemption. See Guidelines for fee exemption, reduction and refund.

  1. Go to Documents filed section and print sealed copies for service on all the parties to the proceeding (including the Independent Children's Lawyer - if any).

Go to Documents filed and select the PDF icon to print out sealed copies for service.

See How do I serve family law documents? for details about service.

NOTE: You can only eFile requests for Subpoena – family law for production only, on initiating applications where final orders have been requested and the application hasn’t been finalised.

If your request is for a subpoena for attendance to give evidence, or attendance to give evidence and produce documents, you should file by email. If your request is for a subpoena for production but there is no current Initiating Application seeking final orders, you should also file by email. For more information, see Subpoena: Information for a person requesting the issue of a subpoena.

Before you request the issue of a Subpoena – family law (for production only) you should review the Leave requirements for subpoenas in family law proceedings flow chart to check if permission from the Court (known as leave) is required under rule 6.27 Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

If leave is required, you should provide a short cover letter outlining:

  • a list of the subpoena/s you seek to have issued
  • the reasons why permission should be granted (including relevance or an order of the Court), and
  • an undertaking that the Court has made no order restricting the issuing of any subpoena.

Steps to eFile

  1. Complete the Subpoena – family law form, scan and save on your computer drive where you will be able to find it easily. If leave is required, also prepare and save your cover letter.
  2. Access the file by adding the file number e.g. ABC1234/2014 at Search for file then select Search. Select your file number next to the star to access the file details. 
  3. Under Existing applications select the + at the relevant application.
  4. Select Request to Issue a Subpoena
    You can also select the envelope to be notified by email of any activity on this application
  5. At step 1, answer the questions about filing, fees and requesting leave.

    Select your name to choose who the document is filed on behalf of.

    You will be required to pay a filing fee unless you are eligible for an exemption from paying fees. See Guidelines for fee exemption of court fees.

  6. At step 2, to upload the subpoena form and any other required documents, click on Choose File, select the document from where you had saved them – any document must be in PDF format and under 30 Mb.

    Click on Upload.

    When successfully uploaded a green tick will appear against the document.

  7. At step 3, Submit the application.

Helpful hint: You can save the application you are working on and come back to it at a later date. If you save and log out, your application information will be preserved for 90 days. The court will not have access until you pay the fee and submit the application. You can find it under ‘Partly completed applications’ on the home page.

Paying the fee

If you have not applied for a fee exemption you will be required to pay a filing fee.

  1. Confirm the payment option and complete the credit/debit card details.

What happens next?

Your request to issue a subpoena will be referred for consideration. While you can view the lodged subpoena, it is not sealed and cannot be served yet. The Court will email you with information on next steps as soon as practicable.

When the subpoena is ready for service

If the subpoena is issued by the Court, you will receive an email notifying you that the sealed subpoena document and cover sheet are available. You need to save and/or print them for service on all parties to the proceedings (including the Independent Children's Lawyer - if any) and any interested person.

  1. Go to + and select the PDF icon to save and/or print a sealed copy for service. You must also serve a copy of the brochure Subpoena: Information for named person or other person (served with a subpoena or a copy of a subpoena)

Serving the subpoena

See How do I serve family law documents? for details about service and eFiling the Affidavit of service.

Objections

A named person or other interested person (served with a subpoena or a copy of a subpoena) can object to the production of documents by filing a Notice of objection - Subpoena. If there is an objection you will receive a copy of the Notice of objection - Subpoena and the objection will be heard and determined by the Court.

Filing your Notice of Request to Inspect

You may, after the production date, file a Notice of Request to Inspect if the subpoena is for production only and:

  • you have served the subpoena in compliance with the Rules,
  • the person subpoenaed has complied with the subpoena,  
  • there is no objection made to the production, inspection or copying of the documents.

The Notice of Request to Inspect should also be eFiled. See ‘Affidavit and other supporting documents’ above for a step-by-step guide.

Printing and troubleshooting

Go to Documents filed section and print sealed copies for service on all the parties to the proceeding (including the Independent Children's Lawyer - if any).

Go to the Documents file button and select the PDF icon to print a sealed copy for service.

You can find more details about service at How do I serve family law documents? for details about service.

If you are having issues filing your documents, see Preparing documents for eFiling to make sure that you have followed the required steps.

Related information:
Commonwealth Courts Portal
How do I register for the Commonwealth Courts Portal?
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