If a party breaches (breaks or contravenes) a court order, the matter may be dealt with by the Court by the other party bringing a Contravention Application. In most applications before the Federal Circuit Court or Family Court, the Court will confirm that the standard of proof required is to the ‘ balance of probabilities ’, that is, it is more likely than not a particular event occurred of a particular fact is in existence. The Melbourne Registrars Contravention List pilot is being implemented for all Melbourne Federal Circuit Court contravention applications filed from 23 April 2018. Statutory Rules No. A finding of a contravention is taken into account only if it was made within 12 months prior to the date of application for assistance. Enforcement. 4. FEDERAL CIRCUIT COURT RULES 2001 - RULE 45.05 Application in relation to other alleged contraventions of the Workplace Relations Act An application for an order in relation to an alleged contravention of the Workplace Relations Act which is not mentioned in rule 45.04 must be in accordance with the approved form. You need to pay the filing fee when you file your documents. An application to th e Federal Circuit Court must be made within 14 days of Fair Work Commission (the Commiss ion) issuing a certificate sayi ng th at conciliation hasn't resolved your dispute. See Property & Finance – Child Support and the brochure Child Support Applications on the Federal Circuit Court website for more information about what type of child support applications and appeals can be filed in the Federal Circuit Court. Federal Circuit Court Rules 2001. Statutory Rules No. An application alleging a contravention of the sections listed above must be made within 6 years of the contravention (s 544). Application for Divorce Kits are available. By post or electronic communication (fax or email). The remedies available from the Court range from the enforcement of the order to the punishment of a person for failure to obey an order as set out in the fact sheet. 20 Compilation date: 12 January 2015 Includes amendments up to: SLI No. Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999. The Federal Circuit Court was set up to deal with a wide range of legal matters relating to family law and general federal law (such as bankruptcy and copyright). Personal service can be arranged through a private process server, the Sheriff of the Local Court, or arranging for a person (other than you) aged over 18 years to hand the documents to the respondent. Federal Circuit Court. Compilation No. You can file your forms: if filing at the Federal Circuit Court, in person at a Federal Circuit Court registry (you can find addresses and hours of business hours here: Contravention or enforcement of financial orders . Federal Court website. Select Legislative Instrument No. For the Court to impose a more serious penalty such as a bond, community service order, major fine or imprisonment, the Court may want to be satisfied ‘beyond a reasonable doubt’ that the breach (contravention) occurred. Uncommenced amendments. Federal Circuit Court of Australia Act 1999. Proof of Divorce. Prior to funding an application for contravention or contempt of court on the basis that the existing orders no longer suit the circumstances of the child or parties, Legal Aid Queensland may determine that it is more appropriate to grant legal assistance for a family dispute resolution conference or initiate or respond to court proceedings. If there was a single missed visit for a justifiable reason, for example, you likely do not want to waste your time or the court’s time bringing a Contravention Application. After the IVO was served, an Application for contravention and contempt of court was filed in the Federal Circuit Court. The Federal Circuit Court of Australia hears disputes between parties in family law matters. Federal Circuit Court Rules 2001. Most cases are filed in the Federal Circuit Court but some can be filed in either the Family Court or the Federal Circuit Court. The first of these lists is being held on Wednesday 30 May. eLodgment. Just filed in retribution it seems. Contravention – an application alleging a breach of a court order. 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