How to file an Initiating Application for interim parenting or property orders in the FCFCOA
In the Federal Circuit and Family Court of Australia (FCFCOA), interim parenting or property orders are sought by filing an Initiating Application, Affidavit, and (for parenting) a Notice of Risk on the Commonwealth Courts Portal. Most parenting matters require pre-filing family dispute resolution (FDR) or a s 60I certificate unless an exception applies. Interim hearings are usually listed within 8-12 weeks.
The framework
The Family Law Act 1975 (Cth) is the primary legislation. The Federal Circuit and Family Court of Australia Act 2021 (Cth) and FCFCOA Rules 2021 govern procedure. The FCFCOA Division 1 and Division 2 have concurrent original jurisdiction, with most matters starting in Division 2.
The process
Obtain a s 60I certificate (parenting matters)
Before filing for parenting orders, parties generally must attempt family dispute resolution (FDR) and obtain a s 60I certificate from a registered FDR practitioner. Exceptions apply in cases of family violence, urgency, or child abuse risk.
Consider pre-action procedures for property
Parties seeking property orders are expected to comply with pre-action procedures under Schedule 1 of the FCFCOA Rules — financial disclosure, correspondence, and settlement proposals — before filing, unless urgency exists.
Draft the Initiating Application
Complete the Initiating Application setting out the interim and final orders sought. Interim orders are orders sought "until further order" pending a final determination.
Draft the Affidavit in support
The supporting affidavit must set out the factual basis for the orders sought — parenting arrangements, risk, financial need, urgency, or asset-preservation concerns. Exhibit relevant documents.
Complete the Notice of Child Abuse, Family Violence or Risk
For parenting proceedings, file a Notice of Risk if any allegation of child abuse, family violence, or risk is being made. The Notice triggers child-welfare notifications and risk screening.
Prepare financial documents (property matters)
For property or spousal maintenance, file a Financial Statement. For spousal maintenance interim orders, provide evidence of income, expenses, and resources of both parties.
File via the Commonwealth Courts Portal
File the Initiating Application, Affidavit, Notice of Risk, and any Financial Statement via the Commonwealth Courts Portal. Pay the filing fee or apply for a fee reduction / exemption.
Serve the respondent
Serve sealed copies of all filed documents on the respondent in accordance with the FCFCOA Rules 2021 — personal service for the Initiating Application. File an Affidavit of Service.
Attend the first court event
Attend the first court event (directions, triage, or interim hearing depending on registry). The court may order interim arrangements, mediation, a Family Report, or a Child Impact Report, and set a timetable to final hearing.
Comply with interim orders and prepare for final hearing
Once interim orders are made, comply strictly. Prepare for final hearing with evidence, expert reports, updated financial disclosure, and settlement negotiations through Court Children's Services and Registrar Case Management.
Forms and templates
- Initiating Application (FCFCOA)
- Notice of Child Abuse, Family Violence or Risk
- Financial Statement
- Affidavit — general form
Common mistakes
- Filing parenting proceedings without a s 60I certificate or without meeting an exception
- Using an affidavit that argues rather than sets out facts — affidavits must be factual and relevant
- Not filing the Notice of Risk when risk allegations are raised in the affidavit
- Skipping pre-action procedures for property matters without documented urgency
- Serving by ordinary mail instead of the required personal service for the Initiating Application
Get this process right with Quillio
Quillio drafts FCFCOA Initiating Applications, affidavits, Notices of Risk, and Financial Statements, and prepares Chronologies and Case Outlines for interim hearings under the Family Law Act 1975 (Cth). See /practice-areas/family-lawyers or start a free trial at /free-trial.
General information only — not legal advice. Family law matters — especially those involving children or family violence — turn on individual facts. Obtain legal advice before filing, and always consider mediation or FDR where safe.
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