Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A person seeking to apply for an order under this Division must file an application as set out in Table 11.1.
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Table 11.1--Applications for enforcement of orders and on contravention of orders | ||
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Item |
Kind of application |
Application form to be filed |
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1 |
Enforcement of parenting order |
Application--Enforcement |
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2 |
Contravention of subsection 67X(2) of the Family Law Act in relation to a recovery order |
Application--Contravention |
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3 |
Contravention of an order under this Act affecting children (as defined by section 4 of the Family Law Act) under Division 13A of Part VII of the Family Law Act (for example, a breach of a parenting order) |
Application--Contravention |
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4 |
Contravention of an order under this Act (as defined by section 112AA of the Family Law Act) under Part XIIIA of the Family Law Act not affecting children (for example, a breach of a property order) |
Application--Contravention |
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5 |
Failure to comply with a bond entered into in accordance with the Family Law Act |
Application--Contravention |
Example: For the purposes of item 1 of Table 11.1, a party may use an Application --Enforcement if:
(a) the party does not want the other party to a parenting order to be punished for a failure to comply with the order but wants to be compensated for time not spent with a child as a result of the failure to comply; or
(b) before the time due to be spent with a child, the other party refuses to comply with the handover arrangements.
(2) A person filing an application referred to in Table 11.1 must file with it an affidavit that:
(a) states the facts necessary to enable the court to make the orders sought in the application; and
(b) for an application referred to in item 1 of Table 11.1--has attached to it a copy of any order, bond, agreement or undertaking that the court is asked to enforce or that is alleged to have been contravened.
Example: For the purposes of paragraph (2)(a), if a person alleges in an Application -- Contravention that another person has behaved in a way that showed a serious disregard of the other person's obligations under a parenting order (see paragraph 70NFA(2)(b) of the Family Law Act), the affidavit must set out the alleged facts necessary to prove this.
Note: An application referred to in Table 11.1 and its supporting affidavit must be served personally on the respondent (see Table 2.2).
(3) The affidavit filed with an application referred to in item 3 of Table 11.1 must also state:
(a) whether a court has previously found that the respondent contravened the primary order without reasonable excuse; and
(b) the details of any finding made under paragraph (a), including:
(i) the date and place of the finding; and
(ii) the court that made the finding; and
(iii) the terms of the finding in sufficient detail to show that the finding related to a previous contravention by the respondent of the primary order.