- Response to initiating application (form not required when eFiling using the guided option).
- Genuine steps certificate - must be filed with the response. See eFile your response instructions below.
- Notice of child abuse, family violence or risk
- Parenting Questionnaire, unless you file an affidavit.
- Affidavit, only if you are:
- Responding to interlocutory (interim) orders sought in an Initiating application.
- Introducing interlocutory (interim) orders in the Response to initiating application.
- Required to do so by another provision of the Rules or by a practice direction.
Note: If you are seeking to introduce interlocutory (interim) orders in the Response to initiating application where the applicant did not seek interlocutory orders in the initiating application, you must also file an Application in a proceeding and an Affidavit.
- Response to initiating application (form not required when eFiling using the guided option).
- Genuine steps certificate - must be filed with the response. See eFile your response instructions below.
- Financial Questionnaire, unless you file an affidavit.
- Financial statement
- Affidavit, only if you are:
- Responding to interlocutory (interim) orders sought in an Initiating application.
- Introducing interlocutory (interim) orders in the Response to initiating application.
- Required to do so by another provision of the Rules or by a practice direction.
Note: If you are seeking to introduce interlocutory (interim) orders in the Response to initiating application where the applicant did not seek interlocutory orders in the initiating application, you must also file an Application in a proceeding and an Affidavit.
- Response to initiating application (form not required when eFiling using the guided option).
- Genuine steps certificate - must be filed with the response. See eFile your response instructions below.
- A certificate from a Dispute Resolution Provider or an Affidavit - non-filing of family dispute resolution certificate
- Notice of child abuse, family violence or risk
- Parenting Questionnaire, unless you file an affidavit.
- Financial Questionnaire, unless you file an affidavit.
- Financial statement
- Affidavit, only if you are:
- Responding to interlocutory (interim) orders sought in an Initiating application.
- Introducing interlocutory (interim) orders in the Response to initiating application.
- Required to do so by another provision of the Rules or by a practice direction.
Note: If you are seeking to introduce interlocutory (interim) orders in the Response to initiating application where the applicant did not seek interlocutory orders in the initiating application, you must also file an Application in a proceeding and an Affidavit.
- Response to an application in a proceeding (form not required when eFiling using the guided option).
- Affidavit in support stating the facts relied on in support of the Response and must not exceed (unless leave is granted by the court):
- Division 1 – more than 10 annexures.
- Division 2 – more than 5 annexures.
If the applicant opposes any orders introduced in the Response to an application in a proceeding they can file and serve an affidavit setting out the facts relied on. There is a limit of one affidavit by each party.
How do I file the response?
You should electronically file (eFile) your Response to Initiating Application or Response to an Application in a Proceeding on the Commonwealth Courts Portal. This allows you, within the Court’s secure website, to access your court file, the ability to eFile and access court orders 24/7.
If you are unable to eFile the application click on Unable to eFile below.
There are two options when eFiling your response:
- Guided – Using the guided option by completing the online interactive Response to initiating application or Response to an application in a proceeding (there is no need to complete a separate form) and uploading the required documents.
- Unguided – Using the unguided option by uploading the completed Response to initiating application or Response to an application in a proceeding form and any required documents - this option must be used when your application is urgent.
TIP: If you are not registered for the Commonwealth Courts Portal or are registered but do not have access to your file electronically, we can provide your client details or assistance. Please complete the enquiry form for divorce or other family law.
In the form, you need to select:
> I am making an enquiry about myself
> Commonwealth Courts Portal support and registration
> then either:
- I need to register for the Commonwealth Courts Portal, or
- I am registered for the Commonwealth Courts Portal but can’t see my file
Please ensure you provide all the requested information. You should also provide your phone number in case we need to contact you.
At Step 3 please provide your file number, if known.
A document uploaded to the Commonwealth Courts Portal should be completed, signed, witnessed (if required), scanned and uploaded to your computer where you will easily find it, in a PDF format. If you are unable to save the document as a PDF you will be able to convert it to a PDF when you are required to upload the document using the PDF converter available at the File a document page.
TIP: The Genuine Steps Certificate is required to be uploaded after eFiling:
- Select + next to the Final Orders Application and select Add document then confirm the eFiling obligations
- Select the Genuine Steps Certificate from the document type dropdown list and complete the filed by information.
- Select Choose file to upload the document from your computer.
See How do I eFile? for a step-by-step guide to eFiling your response and required documents.
If you are unable to eFile the Response to initiating application or Response to an application in a proceeding you can file them at a court registry. For registry locations near you see Court locations.
See What documents do I need to file in response? above, for which forms and documents you need to file depending on your proceedings.
You will be required to pay a filing fee if you are responding to an Initiating Application unless you are eligible for an exemption. There is no fee to respond to an Application in a proceeding.
For fees information go to Fees. Depending on what type of orders you seek will depend on the amount of fees. Fees are payable at the time of filing.
If you electronically file the application you will be required to pay the filing fee by credit/debit card (visa/mastercard) when you complete the application.
If you file the application at a Court registry you will need to pay the filing fee at the same time.
NOTE: If you DO NOT have a credit/debit card you can buy a pre-paid debit card from various retail outlets for a nominal fee.
To find out if you are eligible for an exemption of fees refer to the Guidelines for exemption of court fees.
If you are eligible for an exemption you need to file an Application for exemption from fees – General and you will be required to provide documentary evidence e.g. health care card when you file the application.
If you are not eligible, but paying the fee will cause you financial hardship you can apply for an exemption due to financial hardship by filing an Application for exemption from Fees – Financial hardship. If you electronically file you must choose the un-guided option if you wish to apply under financial hardship.
What happens after I have filed the response?
Serving the documents
You are required to serve the documents on any other party.
A Response to initiating application or Response to an application in a proceeding must be filed and served by ordinary service within 28 days of service of the application on the respondent.
For more information see How do I serve family law documents.
Lighthouse risk screening
You will be invited to complete the Lighthouse risk screen when you file a Response to an initiating application (or an Initiating application ) seeking orders relating to children, such as parenting only orders, or parenting and financial orders, in Adelaide, Brisbane, Cairns, Canberra, Dandenong, Darwin, Hobart, Launceston, Melbourne, Newcastle, Parramatta, Rockhampton, Sydney, Townsville and Wollongong.
The Lighthouse model plays a central role in the Court’s response to cases which may involve risk relating to family violence, mental health, drug and alcohol misuse and child abuse and neglect, by shaping the allocation of resources and urgency given to such cases.
For more information, see Lighthouse.
