Understanding an Urgent Application in the Federal Circuit Court

In Australian family law, certain situations require immediate legal intervention to protect the rights, safety, or welfare of individuals involved. An urgent application in family court is made when waiting for a standard court process could result in harm, financial loss, or significant disruption to a person’s life. However, while some matters may feel urgent to those involved, the Federal Circuit and Family Court of Australia (FCFCOA) determines urgency based on the specific circumstances of each case.

Common reasons for urgent applications include parenting orders for child safety concerns, recovery orders for abducted children, urgent spousal maintenance, or financial injunctions to prevent asset disposal. Given the high stakes involved, the court carefully assesses whether the situation truly requires immediate attention before granting an expedited hearing.

This guide will explain what qualifies as an urgent application in family court, the types of cases considered urgent in child custody or a divorce settlement, and the process for filing an urgent application to help you navigate the legal system effectively.

What is an urgent application in family law?

A broken relationship brings with it myriad potential complications. It is quite possible for parties to arrive at their own solutions with regard to such things as parenting and financial agreements and present these to the Court for official sanction in the form of consent orders. For whatever reason, it may also be the case that the parties may present their argument to the Court so that it will decide the outcome. However, the timeframe from initial application to court hearing can be several months, depending upon the workload of the Court.

Should either party believe that some element of the settlement needs to be addressed with urgency, then they may make an appropriate application for that increased priority. This request for urgency may be part of an initial application, or it may be sought at a later date—perhaps triggered by changed or escalating circumstances. If done later, it requires an affidavit and a covering letter, and it is highly recommended that professional legal advice be sought when formulating such an urgent family court hearing.

What constitutes urgent?

When it comes to applications before the Family Law arm of the Federal Court, it will be the Court that ultimately decides the status of urgent applications. That said, the Court considers every case on its merit, and while there is no one-size-fits-all template, it is also true that certain elements are given the highest priority.

While many family law matters can be time-sensitive, certain cases are given highest priority due to their potential impact on the safety and wellbeing of children, financial security, or personal protection.

Types of urgent applications

Parenting orders involving child safety risks

• The highest priority is given to cases where a child is at immediate risk of harm, such as:
  • Allegations of family violence, abuse, or neglect.
  • A parent exposing the child to dangerous or unsafe environments.
  • Situations where a child’s basic needs (e.g., housing, medical care) are being denied.
• Courts may make an emergency custody order in Australia to change custody arrangements, restrict access, or impose protective measures.

Recovery orders for abducted or missing children

• If a child has been wrongfully taken, withheld, or abducted, an urgent Recovery Order may be sought by a child custody lawyer.
• This includes:
  • A parent refusing to return a child after a scheduled visit.
  • A child being taken interstate or overseas without consent.
  • A situation where there is credible risk of child abduction.
• The Australian Federal Police (AFP) may assist in locating and returning the child.

Family violence & personal protection orders

• Cases involving immediate threats to personal safety are treated as urgent, including:
  • Intervention Orders (IVOs) / Domestic Violence Orders (DVOs) / Apprehended Violence Orders (AVOs) against abusive partners.
  • Situations where a party has breached an existing protection order, putting someone at risk.
  • Urgent orders to protect a victim and their children from ongoing harassment or violence.

Financial injunctions to prevent asset disposal

• In cases of relationship breakdown, urgent financial orders may be granted if there is a risk that:
  • A spouse or ex-partner will sell, transfer, or hide assets to avoid a fair property settlement.
  • Significant funds are being moved overseas beyond Australian legal jurisdiction.
  • A business or property owned by both parties is at risk of being liquidated without consent.
• Urgent freezing orders (injunctions) can prevent financial misconduct during separation proceedings.

Urgent spousal maintenance or financial support orders

• If a party is in severe financial hardship, urgent applications can be made for:
  • Spousal maintenance if one party is unable to meet their basic living expenses.
  • Financial support for children, particularly where there is a risk of homelessness or inability to afford essentials like food, schooling, or medical care.

International child relocation & hague convention cases

• If a parent intends to relocate a child overseas without permission, urgent court intervention may be required.
• Cases where a child has already been taken overseas in violation of an emergency custody order in Australia falls under the Hague Convention on International Child Abduction, requiring immediate legal action.
• A further example of extreme urgency may be where it becomes known that a parent intends leaving the country post-haste with a child. In such circumstances the Court has an after-hours emergency contact in place. This may be accessed by calling 1300 352 000, whereupon contact details will be provided.

Ex parte Applications

• In cases of extreme urgency, it may be that an Ex parte Application is more appropriate, requesting that an urgent application in Federal Circuit Court deals with the matter immediately without the other party being given notice. 
• This means the application is heard and decided in the absence of the opposing party, usually because the matter is urgent and requires immediate court intervention. 
• Ex Parte applications are not granted lightly and are typically used in cases where waiting for the other party’s response could result in harm, injustice, or irreversible consequences. 
• The other party will later be served with the order and given an opportunity to contest it. 
• If the court finds that an Ex Parte order was obtained unfairly or without proper justification, it may revoke or modify the order.

This list is not exhaustive, and a great many possibilities exist where time is critical and an urgent family court hearing is required.

Steps for filing an urgent application in family court in Australia

Filing an urgent application in the Family Court of Australia or the FCFCOA requires following specific procedures to ensure that the court recognises the urgency of your case. Below is a step-by-step guide on how to file an urgent application in family law matters, such as parenting orders, financial injunctions, or personal protection orders.

Step 1: Determine whether your matter is urgent

Before filing, you must determine whether your case qualifies as an urgent family court hearing. The court will only consider an urgent hearing if there is immediate risk of harm, financial loss, or injustice.

Step 2: Complete the required court forms

To file an urgent application, you must prepare and submit the correct court documents. These typically include:
Initiating Application (Form 1) – This outlines the orders you are requesting.
Affidavit (Form 20) – A sworn statement detailing why your matter is urgent, including evidence of risk or harm.
Notice of Risk (if applying for parenting orders) – Required if allegations of family violence, child abuse, or neglect are involved.
Financial Statement (if applying for financial relief) – If seeking urgent spousal maintenance or an injunction, you must disclose financial details.

If applying without notifying the other party (Ex Parte application), you must also provide:
an affidavit explaining why the application should be heard without notice to the other party.

Note: Forms may vary based on state and the nature of the application.

Step 3: File Your Application With the Court

You can file your documents electronically via the Commonwealth Courts Portal (www.comcourts.gov.au) or in person at your nearest Family Law Court Registry.

Once filed, the court will:

• Review your documents and determine if your matter qualifies for an urgent family court hearing.
• Allocate a hearing date, which may be within 24 to 72 hours for highly urgent cases.

Step 4: Serve the documents to the other party (unless exempt)

In most cases, you must serve the application to the other party to give them an opportunity to respond.

• Service must be done correctly (usually by a third party, such as a process server or a solicitor).
• If the case is Ex Parte (without notice), you may be exempt from this step.

Step 5: Attend the urgent court hearing

• Be prepared to present your case before a judge.
• Bring all supporting evidence (e.g., police reports, medical records, financial documents).
• The judge may issue interim orders until a final hearing can be scheduled.

Step 6: Comply with the court’s orders

• If the court grants urgent orders, you must comply with them immediately.
• In some cases, the court may schedule a further hearing for a final determination.

Get the right support for your family law matters

Filing an urgent application in family court requires strong evidence and compliance with legal procedures. If you are unsure how to proceed, seeking legal advice from a family lawyer can help ensure your case is properly prepared and meets the court’s urgency criteria. 

If you would like advice on how to file an urgent application or emergency custody order in Australia, call our Family Law team in Sydney today on 1800 770 780.