Family law applications are now filed electronically through the Commonwealth Courts Portal. Parties who are unable to file documents online may submit their application in hard copy through the Federal Circuit and Family Court Registry. For more information and to access the court forms, visit the Federal Circuit and Family Court website.

Once an application has been filed with the court, a copy must be served on the respondent (the person against whom the proceedings are being taken). If the application is to be contested, the respondent must prepare a document called a Response.

From 6 May 2024, the Court has additional tools to manage potentially baseless or vexatious court applications and proceedings, including harmful proceedings orders and summary decrees.

Harmful proceedings orders

Pursuant to s 102QAC of the Family Law Act 1975 (Cth), the Court may prohibit a party from filing a new application without the Court's permission. A harmful proceedings order may be made if the Court is satisfied that the other party, or the child the subject of the proceedings, would suffer harm if the application was filed.

Harm includes psychological harm or oppression, major mental distress, a detrimental effect on the other party's capacity to care for a child, and financial harm [s 102QAC(2)].

The Court may make a harmful proceedings order on its own initiative or on application by a party to proceedings [s 102QAC(4)]. Section 102QAC(3) sets out the factors the Court may have regard to in considering whether to make a harmful proceedings order.

Harmful proceedings orders share some similarities with existing court powers to manage vexatious proceedings [see for example s 102QB], but the focus is on the effect of the proceedings on the respondent rather than the intent or conduct of the applicant.

Summary decrees and dismissing proceedings

The Court may make a decree in family law proceedings if satisfied that a party has no reasonable prospects of successfully prosecuting proceedings [s 102QAB(2)] or defending proceedings [s 102QAB(1)].

The Court may also dismiss all or part of proceedings if satisfied they are frivolous, vexatious or an abuse of process [s 102QAB(4)].

If the Court makes a decree or dismisses proceedings, it may also make an order for costs as it considers just [s 102QAB(6)].