Application - Enforcement
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - CHAPTER 11	

This form is used to seek enforcement of existing Court orders.

•	If you are seeking an enforcement hearing, this application must be personally served on the respondent together with the affidavit in support and any list of documents required to be produced at least 14 days before the enforcement hearing. The brochure Enforcement Hearings must also be served with this application.
•	An enforcement hearing does not have to be held before the Court makes an enforcement order. The Court may make an enforcement order in chambers. The purpose of an enforcement hearing is to obtain information to help the enforcement of an order or other obligation and, if applicable, to help the court to determine a dispute or issue an enforcement order.
•	If you are seeking to enforce parenting orders, you must file an affidavit stating the facts necessary to enable the Court to make the orders sought in the Application – Enforcement, and attach to the Application – Enforcement a copy of any order, bond, agreement or undertaking that the Court is being asked to enforce.
•	If you are seeking to enforce a child support liability that is not an order and is not taken to be an order, you must file this application together with an affidavit setting out the facts relied upon in support of the application, and (if the payee is the Child Support Agency or is seeking to recover a liability under section 113A of the Registration Act – a certificate under section 116 of the Registration Act (see rule 11.03 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Family Law Rules)). A payee who seeks to recover a child support liability in his or her own name under section 113A of the Registration Act must attach to the affidavit filed with this Application – Enforcement a copy of the notice given to the Child Support Agency, indicating their intention to institute proceedings to recover the debt due.

Remove this sheet before filing

Application – Enforcement
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - CHAPTER 11	
Please type or print clearly and mark [X] all boxes that apply. Attach extra pages if you need more space to answer any questions.
Filed in:
 Federal Circuit and Family Court of Australia
 Family Court of Western Australia
 Other (specify)      	
Filed on behalf of:
Full name      	
	Client ID      	
File number / appeal number
      	
Filed at      
Filed on      
Court location      
Court date        	
Time      	
	
IMPORTANT: Information for respondents to the application is on page 4.	
Part A	About the parties	

1

	APPLICANT 1
Family name as used now	RESPONDENT 1
Family name as used now	
	     		     	
	Given names		Given names	
	     		     	
	APPLICANT 2
Family name as used now	RESPONDENT 2
Family name as used now	
	     		     	
	Given names		Given names	
	     		     	

2

	What is your contact address (address for service) in Australia? If you give a lawyer’s address, include the name of the law firm.	Respondent’s address	
	     		     	
	State       	Postcode      		State       	Postcode      	
	Phone      		Phone      		
	Lawyer’s code      			
	Email      			
				
	If there is a second applicant or second respondent attach a separate sheet answering this question for Applicant 2/Respondent 2.	

Part B	About the independent children’s lawyer (if appointed)	

3

	Independent children’s lawyer family name	Given names	
	     	     	

4

	The contact address (address for service) in Australia for the independent children’s lawyer is:	
	     	
	     	
	     	State      	Postcode      	
	Phone      		
	Email      	
	Lawyer’s code      	
		
Part C	About the orders you [THE APPLICANT] are enforcing	

5

	Date of orders to be enforced:      
What type of orders that you are seeking to enforce?	
		Children (parenting orders)
	Financial
	Child support liability
	Other (specify)      	                    	    
Please specify the specific orders you seek to enforce (eg: orders 1, 3, 4(d) of the orders made on 1 July 2021):
     	

You must attach to this application a copy of any order, bond, agreement or undertaking that the Court is being asked to enforce.	
Part D	Do you [THE APPLICANT] require an enforcement hearing?	

6

	The purpose of an enforcement hearing is to obtain information to help the enforcement of an order or other obligation and, if applicable, to help the court to determine a dispute or issue an enforcement order.
An enforcement hearing does not have to be held before the Court makes an enforcement order.
Do you require an enforcement hearing:   Yes		 No
The date for the enforcement hearing will be provided by the Court.
If an enforcement hearing is required, the applicant must also file an affidavit setting out the facts relied upon, including those listed in rule 11.06 of the Family Law Rules.
The Respondent should refer to the Notice on Page 4 of this Application.	

Part E	The enforcement orders you [THE APPLICANT] are seeking	

7

	State the enforcement orders that you are seeking.
(Examples of orders that may be sought: an Enforcement Warrant; a Third Party Debt Notice; an order for filing and service of Financial Statement; an order for production of documents)
NOTE: an order for the payment of money must specify:
(a)	the amount owing under the obligation to pay money, 
(b)	the amount of interest owing (if any); and
(c)	any costs of enforcing the order.	
	1.	     	
	     	
	     	
	     	
	     	
	     	
	     	
	     	
	     	
	     	
	     	
	     	
	Attach extra pages if you need more space.	
Part F	Certification	
I certify that to the best of my knowledge and information, the orders sought in this Application – Enforcement are supported by evidence.	
Part G	Signature of applicant or lawyer	
Signed		Date	
		     /     /     	
This application was signed by	  the applicant/s	 lawyer for the applicant/s	
			
This application was prepared by	  applicant/s	 lawyer	     	
			     	
			PRINT NAME AND LAWYER’S CODE	
Please go to page 4 for the Important Notices to the Respondent/s

Important Notices to the Respondent/s
You should seek legal advice about this application.	
FOR AN ENFORCEMENT HEARING – FINANCIAL (See Question 6 of this Application)
If the applicant has sought an enforcement hearing, you are required to attend the Court on the Court date shown on page 1 of this form to:
•	answer questions, and
•	produce all of the documents specified in the list of documents (if any) served with this application.
You must also complete and swear a Financial Statement as to your financial circumstances and serve this on the applicant not less than 7 days before the Court date.
If you fail to attend the enforcement hearing a warrant may issue for your arrest. There may be serious consequences if you fail to comply with the requirements in the Rules in relation to an enforcement hearing. For more information see the brochure entitled Enforcement Hearings served with this application.
See Chapter 11 of the Family Law Rules 2021.