What types of decisions can be reviewed?

You can apply for a review of an order or decision made by a Senior Judicial Registrar or Judicial Registrar in the exercise of a power referred to in the table in clause 2 of Schedule 4 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

How long do I have to file an Application for Review?

You have 21 days from the date the Registrar made the decision to submit an Application for Review.

This means that if a decision is made on 1 April 2025, you have until 4:30pm on 22 April 2025. The relevant time zone is the local time of the Registry where your proceedings are filed.

This requirement is found in Rule 14.05(2) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

How do I find the date of the decision?

A decision by a Senior Judicial Registrar or Judicial Registrar will ordinarily be documented in published orders and the date of those orders is the date of the decision.

Some decisions do not require the publishing of an order, for example the refusal to grant a request for an urgent hearing If no order has been published, you should check the Commonwealth Courts Portal and see whether a Chambers hearing occurred. 

If there is a hearing associated with the decision you are seeking to review, that is the relevant date.

If there is no hearing relevant to the decision you are seeking to review, the date on which the Court sent you correspondence informing you of the decision is the relevant date.

The email communication is the record of the decision made and should be attached to the Application for Review as required at Part B if no order was published.

What happens after I file the Application?

An Application for Review must be determined by a Judge.

If your Application for Review is accepted for filing, then it will be listed for a hearing as soon as possible and you will be notified of the hearing details.

What happens to the orders or the decision being reviewed after an Application for Review has been filed?

The filing of an Application for Review - family law or child support proceedings does not stay the original order or decision.

If you wish to suspend the orders you want reviewed, you must file an Application in a Proceeding with a supporting Affidavit – Family law and child support asking the Court to stay the orders pending the outcome of the review.

What is the Judge considering at a Review hearing?

In a review hearing, the court reconsiders the orders or decision.

The Judge may consider the documents and evidence filed in the first hearing. If you want the judge to look at material that was not considered by the Registrar, you need to ask permission of the judge to rely upon that additional material.

For further information, the FCFCOA Information Notice: Applications for Review provides relevant information on previously determined Applications for Review.

How do I file an Application for Review?

Applications for review should be submitted as a single document in PDF format. It must consist of the Application for Review completed by you, and a copy of the decision to be reviewed.

You must submit an Application for Review with a copy of the decision to be reviewed attached by emailing the court registry.

An Application for Review cannot be eFiled on the Commonwealth Courts Portal.

Am I required to serve the other parties?

You must serve all parties named in the order or decision you are asking to be reviewed. Once the Application for Review 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?.

Should I obtain independent 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. See Find a Lawyer for more information.

Will I have to pay costs?

The Judge hearing the Application for Review may order costs against parties or practitioners in certain circumstances, such as where the Judge determines that the Application for Review is frivolous or without merit, or where there has been non-compliance with the Rules of the Court.

Can I withdraw my Application for Review?

Yes. You can file a Notice of Discontinuance. That will need to be served on all parties as soon as possible and pursuant to the Rules. The filing of a Notice of Discontinuance does not automatically discontinue the proceedings. Until or unless you are informed otherwise, or orders are made discontinuing the Application, you must still appear at the hearing.