Family Court of WA
Home Links Contacts & Feedback Glossary
Search:      
> About the Family Court
> Counselling and Consultancy Service
> Online Information Session
> Resolving Your Dispute
> Kits - Forms - Brochures
> eServices
> Fees
> Court List
> Adoptions
> Surrogacy
> Judgments
> Legal Resources
> Missing Persons
> Frequently Asked Questions
> News Search
Form 1: Initiating Application
Form 1A: Response to Initiating Application
Form 1B: Reply to Response to Initiating Application
Form 2: Application in a Case
Form 2A: Response to Application in a Case
Form 3: Application for Divorce
Form 3A: Response to Application for Divorce
Form 4: Notice of Child Abuse or Family Violence
Form 5: Notice of Intervention by a Person Entitled to Intervene
Form 6: Acknowledgement of Service
Form 7: Affidavit of Service
Form 8: Notice of Address for Service
Form 9: Notice of Ceasing to Act
Form 10: Notice of Discontinuance
Form 11: Application for Consent Orders
Form 12: Notice of Non-Party Production of Documents
Form 13: Financial Statement
Form 14: Subpoena
Form 15: Notice Disputing Itemised Costs Account
Form 16: Enforcement Warrant - Seizure and Sale of Property
Form 17: Third Party Debt Notice
Form 18: Application - Contravention
Form 19: Application - Contempt
Form 20: Notice of Appeal
Form 21: Application in an Appeal
Form 21A: Response to Application in an Appeal

The following prescribed forms are available in ".doc", ".rtf" and ".pdf" formats.

[ Back to Top ]

Form 1: Initiating Application

This is the Court's main application form.  It is used by a person who wishes to apply for final Court orders, other than a divorce, for example, property, parenting, child support, maintenance.

[ Back to Top ]

Form 1A: Response to Initiating Application

This is the Court's main response form.

It is used by a person who has been named as a respondent in an Application for Final Orders (Form 1). It is used either to oppose the orders sought in the application or ask the Court to make other final orders, for example, property, parenting or maintenance orders.

[ Back to Top ]

Form 1B: Reply to Response to Initiating Application

This form is used by a person (applicant) who has filed an Application for Final Orders (Form 1) to which the other party (respondent) has filed a Form 1A seeking orders about a new subject matter; and the applicant wishes to reply to those orders.  For example, if the application is about children and the respondent files a Form 1A seeking property orders, this form would be used to respond to the claim for property orders.

[ Back to Top ]

Form 2: Application in a Case

This form is used:

  • to make an application for procedural orders; or
  • to make an application for ancillary or incidental orders, for example, an injunction; or
  • to make an application for interim orders once a case has been started by an Application for Final Orders (Form 1); or
  • for specified applications under the Family Law Rules 2004, for example, an application for a recovery order.
[ Back to Top ]

Form 2A: Response to Application in a Case

This form is used by the respondent/s named in the Application in a Case (Form 2) who wishes to oppose the orders sought or asks the Court to make other orders.

[ Back to Top ]

Form 3: Application for Divorce

This form is used by an applicant or joint applicants who wish to apply for a divorce order.

[ Back to Top ]

Form 3A: Response to Application for Divorce

This form is used by a respondent named in an Application for Divorce (Form 3) who wishes to oppose the application for divorce.

[ Back to Top ]

Form 4: Notice of Child Abuse or Family Violence

This form is to be filed if a person alleges that there is family violence or a risk of family violence and/or that a child has been abused or is at risk of being abused.

[ Back to Top ]

Form 5: Notice of Intervention by a Person Entitled to Intervene

This form is to be used if you are entitled to intervene under the Family Law Act or other legislative provision, such as the Judiciary Act (Attorney-General) or child support legislation (Child Support Registrar).

This form is not to be used by a person who wishes to become a party to a case.  In this circumstance you must file an Application in a Case (Form 2).

[ Back to Top ]

Form 6: Acknowledgement of Service

This form is included with documents served on a person and may be signed by the person being served as an acknowledgement that he/she has received the documents served.

[ Back to Top ]

Form 7: Affidavit of Service

The person serving documents completes this form and files it after documents have been served to prove the documents have been served.

[ Back to Top ]

Form 8: Notice of Address for Service

This form is used to inform the Court and the other parties in your case:

  • of the address at which Court documents and notices can be served on you; or
  • that your contact address (address for service) in Australia has changed.

If you have a lawyer acting for you, it is your lawyer’s address that needs to be provided.

[ Back to Top ]

Form 9: Notice of Ceasing to Act

This form is used to:

  • inform a client that a lawyer intends to cease to act in 7 days; and
  • inform the Court that the lawyer has ceased to act for the client and provides the Court with the last known residential address of the client.
[ Back to Top ]

Form 10: Notice of Discontinuance

This form is used to:

  • discontinue your application, response or notice of appeal; or
  • withdraw part of your case, for example, if you do not want to continue to seek some of the orders that you have sought in an application, a response or notice of appeal.

Filing this notice does not prevent the other party from continuing to seek the orders they have sought, including orders for costs.

 

[ Back to Top ]

Form 11: Application for Consent Orders

This form can be used if you have reached agreement and you want to formalise that agreement and make it binding, you can apply to the Court for Consent Orders.  You use this form to obtain Consent Orders about:

  • the care, welfare and development of your children (known as parenting orders);
  • the division of property or maintenance for a husband or wife or former husband or wife or defacto spouse or former defacto spouse (known as spouse maintenance).

This form can also be used if you are applying for Consent Orders which vary or discharge existing Family Court orders.

[ Back to Top ]

Form 12: Notice of Non-Party Production of Documents

The process of using this form is intended to make production of documents by a non-party more convenient and less costly for parties and non-parties by keeping the procedure out of the court system unless there is an objection to the production of documents.

[ Back to Top ]

Form 13: Financial Statement

This form must be filed by a party to a financial case, such as property settlement, maintenance, child support or financial enforcement with the party’s Application or Response (see Rule 13.04 of the Family Law Rules).

If you are aware that completing this form will not fully discharge your duty to make a full and frank disclosure you must also file an affidavit giving further particulars (see Rule 13.05 of the Family Law Rules).  The information you provide must be about your present financial circumstances.

[ Back to Top ]

Form 14: Subpoena

If a person refuses, or is unable of their own free will, to produce documents or give evidence at a hearing or trial a party may request the Court to issue a subpoena directed to that person.

[ Back to Top ]

Form 15: Notice Disputing Itemised Costs Account

This notice is used by a person who has received an itemises costs account from a lawyer and wishes to dispute it.  It cannot be used until an itemised costs account has been received.

[ Back to Top ]

Form 16: Enforcement Warrant - Seizure and Sale of Property

If you are owed money, for example under a Family Court order, you can seek that the property of the person who owes you the money be sold to pay the debt.

[ Back to Top ]

Form 17: Third Party Debt Notice

If you are owed money by another person (debtor) you can ask the Court to issue a Third Party Debt Notice (Form 17).  This notice requires a person or organisation (the third party) who it is alleged owes money to the debtor to pay that money to you rather than the debtor (for example, it could be for be wages).

[ Back to Top ]

Form 18: Application - Contravention

This form is used if you want to seek an order from the Court imposing a punishment or another consequence on a person for the breach of a Court order.

[ Back to Top ]

Form 19: Application - Contempt

This form is used if you want to seek an order from the Court imposing a punishment on a person for contempt of a Court order or other contempt of court.  Specifically, it is used for an application alleging a breach of a parenting order under Division 13A of Part VII of the Family Law Act or an order not affecting children for example a property order under Part XIII of the Family Law Act.

[ Back to Top ]

Form 20: Notice of Appeal

This form is used by a party (appellant/cross appellant) who wishes to appeal against an order.

The purpose of an appeal is to correct an error, unfairness or wrongful exercise of judicial discretion.  Appeals ensure public confidence in the administration of justice and, in appropriate cases, clarify and develop the law and help maintain a high standard of court orders.

[ Back to Top ]

Form 21: Application in an Appeal

This form is used by a party who wishes to make an application in relation to an appeal.

[ Back to Top ]

Form 21A: Response to Application in an Appeal

This form is used by a party to respond to a Form 21 Application in an Appeal.

[ Back to Top ]

[ Back to Top ]