This form is used to apply to the Court for a review of the exercise of a power by a Registrar in proceedings other than appeal proceedings. Use an Application in an Appeal to make application for review of an exercise of power by a Registrar in appeal proceedings. Use a Form B3 – Application for Review in bankruptcy proceedings.
Family law proceedings
For more information on the roles of registrars in family law and the designated powers in Schedule 4 of the Family Law Rules, see Registrars.
An Application for Review must be filed within 21 days of the order or decision being made.
An Application for Review must be served on the respondent(s) by ordinary service no later than 7 days after filing.
The filing of an Application for Review - Family Law does not operate as a stay of the original order or decision. If you wish to suspend the orders until a decision is made on the review (called a Stay Application) you can file an Application in a Proceeding with a supporting Affidavit – Family law and child support asking the Court to stay the operation of the original order.
Filing with the Court
The Application for Review cannot be eFiled on the Commonwealth Courts Portal. You can submit your Application for Review and accompanying documents by emailing the court registry.
Service
Once this document has been filed it must be served on any other parties and the Independent Children’s Lawyer, if one was appointed, by ordinary service within 7 days from filing. For more information see How do I serve family law documents?.
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.
General federal law and migration proceedings
For more information on the designated powers of registrars in general federal law and migration, see Part 3 and Schedule 1 of the General Federal Law Rules.
An Application for Review must be filed within 21 days of the order or decision being made.
The filing of an Application for Review does not operate as a stay of the original order or decision. If you wish to suspend the orders until a decision is made on the review (called a Stay Application) you can file an Interlocutory Application with a supporting Affidavit – General federal law and migration asking the Court to stay the operation of the original order.
Filing with the Court
Once complete, you need to file the Application for Review with the Court. It must be filed electronically using eLodgment, unless it is not reasonably practicable to do so.
Service
An Application for Review must be served on each other party to the proceedings no later than 7 days after filing.
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.
