Considerations of an Urgent Application in the Federal Circuit and Family Court
Posted on 10 October 2022
Jacqueline Scriven
What is considered an Urgent Application in the Federal Circuit and Family Court of Australia?
An urgent application may be applied for in both parenting and property/ financial matters, although it is more common for a parenting matter to be considered urgent.
Financial / Property
The following circumstances are examples of where one party might consider making an urgent application:
- On the breakdown of the relationship, one party starts selling assets of the relationship and there is a possibility that by finalisation, the asset pool would be significantly reduced. An urgent application might be made to stop any further disposal of the asset pool.
- During the relationship, one party is heavily financially dependent on the other party. After the breakdown of the relationship, the party who relied on the other party’s income is left without any financial means or a means to secure gainful employment at that time.
Parenting
What you may consider as urgent as a parent and what is urgent to the Court can be quite different. Most parents will feel that it is urgent that they spend time with their children particularly if there has been no contact for a long period of time however this may not satisfy the requirement for an urgent application.
The following circumstances are examples of where one party might consider making an urgent application:
- One parent has removed a child from the care of another parent.
- The parents of a child are in dispute over medical treatment a child is recommended to receive.
- One parent believes and has evidence to suggest that the other parent is involved in high-risk behaviours such as drug-taking whilst parenting the child.
You will need to explain to the court the grounds on which you are seeking an urgent application, therefore, some things to consider are:
- Are there any current orders in place and what do they provide for
- What were the care arrangements for the child before the consideration of an urgent application
- Is there a history of withholding the child beyond the stated agreement but then returning the children at a later date
- Are there risk factors associated with the other parent such as drug taking, domestic violence, alcohol, or mental illness
Urgent applications are complex and highly dependent on the individual facts and circumstances put forward to the court. Ultimately, the court will decide on the urgency of an application on a case-by-case basis based on the evidence in support of the application.
How Can Omnia Legal Assist You?
Do you consider yourself in a situation that requires an urgent application to the court? Our specialised Family Law team can speak to you today. Give Omnia Legal a call to schedule your complimentary phone consultation with an experienced family lawyer.
Contact Omnia Legal today for your complimentary consultation to discuss your family needs.
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