Is my matter actually urgent?
There’s no fixed checklist. A registrar (kind of like a judge) decides on a case-by-case basis. Property cases that typically qualify include an immediate need for spousal maintenance, a real risk that assets will be sold or moved before the case is heard, or an urgent need for funds to cover living or legal costs.
What decides it isn’t how urgent it feels to you: it’s how specific and evidenced your affidavit is. Vague concern doesn’t persuade a registrar. A clear, detailed account of the risk and the harm will move the dial in your favour.
How do I actually apply?
It depends on where you’re at.
Haven’t started proceedings yet? You ask for urgent interim orders as part of your Initiating Application: there’s no separate “urgent” form.
Already in proceedings? You need to file at least two Court documents, firstly an Application in a Proceeding asking for the interim orders you need and secondly an Affidavit - Family law and child support.
Either way, you need two things
- An affidavit setting out, in specific detail, why the matter is urgent, either on its own or as part of the affidavit you’re already filing.
- A cover letter telling the Court what the application is, why it needs to be urgent, and exactly which paragraphs of your affidavit prove it.
The affidavit tells the Court your account of what has happened/is currently happening. Affidavits in property matters need to include the following information, as a minimum:
- a table of all known assets, liabilities and financial resources for you and your former partner;
- details of the financial and non-financial contributions made by each of you, including as a homemaker or parent;
- relevant details about each of your current and future circumstances (e.g. income, liabilities/debts, wastage, age, health, care of children, employment capacity, financial resources, pensions);
- details of the practical effect of the proposed orders you are seeking;
- if you are concerned about non-disclosure, a list of all documents that have not been produced to you/your lawyer; and
- details of any concerns in relation to family violence.
I’ve filed. What happens now?
You do not automatically get given an urgent court date. At the time of filing, the Court will allocate you a date as a placeholder, whilst the registrar considers whether to give you a spot at the top of the queue.
Sometimes the registrar will ask for more information before making a decision. No matter what the outcome is, the Court will let you know.
What if I can’t even wait for that?
In extreme cases (where even telling the other side would defeat the point) you can ask for orders to be made “without notice” to the other side (this is referred to as ex parte). It is an extremely high bar to satisfy the Court that it would be appropriate to do so. These orders are usually short-term, and the other party gets an early chance to respond once they’re notified.
What do I need to get ready?
| Step | What it involves |
|---|---|
| Talk to your family lawyer | Nail down the exact orders you’re seeking and the facts that make it urgent |
| Affidavit | Specific, detailed evidence of the urgency and the harm if it isn’t dealt with quickly |
| Cover letter | Sets out the application and points to the affidavit paragraphs that prove urgency |
| File it | Initiating Application (new matter) or Application in a Proceeding (existing matter) |
| Sort your funding | Get a fast, fee-free assessment from Legal Finance Group so that you can pay your legal fees in the meantime |
One more thing
This is general information about how the FCFCOA handles urgent financial applications, but it isn’t legal advice. Whether your matter is treated as urgent is entirely the Court’s call, and every case turns on its own facts. Talk to your family lawyer about your situation and what your affidavit needs to say.
