When a financial or property order is made, each person affected by the order must comply with (follow) the order.
You must do everything a financial or property order requires you to do, and you must take all reasonable steps to ensure that the order is put into effect, including doing things to enable the other party to comply. For example, if an order requires the other party to transfer the registration of a car to you, you need to sign the transfer form to enable that transfer to happen, even if the order does not expressly say that you have to sign the form.
The aim of the National Enforcement List is to provide a streamlined approach to the filing of Applications – Enforcement and Enforcement requests. The National Enforcement List is designed to discourage non-compliance with Court Orders by enforcing them promptly and effectively.
The other party has not complied:
If you allege that another person has contravened (breached) an order, you can:
- seek legal advice
- attend dispute resolution, and/or
- apply to the Court.
Courts do not automatically enforce family law orders. You have to tell the Court what the problem is in an application, or using one of the processes set out below. The Court decides if an order is needed to enforce the existing order.
The law on enforcement is complicated. You should get legal advice before asking the Court to enforce a financial or property order.
Part 11.1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 sets out the rules which apply to the enforcement of financial or property orders.
Process
Two types of applications and requests must be filed in the National Enforcement List:
- 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.
- 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.
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:
- an Application – Enforcement
- an affidavit which complies with rule 11.06 of the Rules stating the facts in support of the orders sought in the application, and
- a copy of the order, bond, agreement or undertaking is sought to be enforced (which must be attached to the affidavit).
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. These requests must include an affidavit which complies with rule 11.06 of the Rules stating the facts in support of the orders sought in the application, and be accompanied by the relevant document you are asking the Court to consider issuing, for example a completed Third Party Debt Notice form.
