Applying To The Court For Orders

October 24, 2022

Orders in Family Law proceedings

In Family Law Proceedings, you may file an application with the Court to make orders in relation to your parenting and/or financial matters. When you make an application, you must list the specific orders you are seeking.

The three main type of orders are:

• Final orders – these are orders which are made at the conclusion of your matter and are binding on both parties.
• Interlocutory orders – these are orders made in urgent cases and last until other orders or final orders are made. In most cases, you cannot file an application for interlocutory orders without having made an application for final orders
• Consent orders – these are orders that you and the other party agree on. These orders can be made without going to court and have the same binding legal effect as orders made by a judge or registrar in court.

You may not necessarily be granted the orders you seek. When considering which orders to make, the court will consider the best interests of the child in parenting matters, and in financial matters, terms that are just and equitable.

Applying for parenting orders

Any person who has concerns with the care, welfare or development of a child can apply. It is most common for parents of the child to make applications, however grandparents and other relatives may still make an application.

Applications for parenting orders can be made at any time, including before and after separation or divorce.

If you are seeking to apply for parenting orders with the Court, we recommend you seek legal advice before commencing the process.

Applying for property orders

If you are married, or separated, you may make an application for property orders with the Court. If you have divorced, the application must be made within 12 months of the divorce being in effect. You may however make an application after this time period with the Court’s permission.

You may also apply for property orders if you are a party to a de facto relationship. Your application must be made within two years of the separation. Once again, after this time you may still apply with the Court’s permission.

If you are seeking to apply for property orders with the Court, we recommend you seek legal advice before commencing the process.