eFilingGuide March2011

2010
Family Law Courts Users guide to eFiling Divorce Applications in family law
User Guide to
eFiling
Divorce Applications in family law
Family Law Courts

Last updated 14/12/10
www.comcourts.gov.au
Introduction
This user guide is to assist people who wish to file an Application for Divorce in the Federal Magistrates Court electronically via the Commonwealth Courts Portal (the portal) which is located at www.comcourts.gov.au. The portal is an initiative of the Family Court of Australia, Federal Court of Australia and Federal Magistrates Court of Australia. It enables clients and legal practitioners of these Courts to lodge certain applications and documents and to access information about cases that are before the courts. It does not include the subsequent legal process involved in the hearing and granting of a divorce. For further information about the divorce process, see:
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www.fmc.gov.au/forms/html/divorce.html or call the Family Law Courts National Enquiry Centre on 1300 352 000
Overview
Stage 1
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Registered litigants and representatives from legal firms can log onto the Commonwealth Courts Portal and complete a divorce application online. Users will be prompted to enter their relevant details and upload a scanned copy of the marriage certificate or other documents as required. Print off a draft application for swearing/affirming. Log out of the portal.
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Lock and submit the application (after which no further amendments can be made).
Stage 2
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Read the checklist that prints off (the first page of the application) for details on the next steps to be taken. The last two pages of the application are the Affidavit for eFiling Application (Divorce). These pages need to be sworn/affirmed before a lawyer/justice of the peace or other authorised person. Once completed, scan the Affidavit for eFiling Application (Divorce) to your computer or memory stick.
Stage 3
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Log back into the portal and select the complete and part applications link. Upload a scanned image of the Affidavit for eFiling Application (Divorce). Select a court location you wish the matter to be heard at (note: if you want to have your divorce heard at one of the circuit locations, you must file your application in person or by post. See Circuit locations on page 4 for more information). Download and read Marriage, Families and Separation. Select payment option. Select Submit. The card selection screen will display select Credit Card Type. Enter Card number details, click Pay and wait for approval. Select a court date and time. Print off the sealed copy of the application, Affidavit for eFiling Application (Divorce), Marriage, Families and separation and any other applicable document lodged. Serve these on the Respondent in accordance with the Federal Magistrates Court rules (see the Divorce Service kit).
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Help and more information

For assistance please call the Family Law Courts National Enquiry Centre on 1300352000.
Circuit Locations
For information on circuits see http://www.fmc.gov.au/html/circuits.html Litigants wishing to have their divorce heard at one of these locations must file their application either in person or by post.
Time Considerations
Documents may be electronically uploaded at any time, however practitioners and litigants should note: (a) Pursuant to Rule 2.05(3) documents uploaded after 4.30pm (Australian Capital Territory time) will be taken to have been filed on the following day. (b) For documents filed less than 48 hours prior to a hearing, litigants and/or practitioners: (i) will need to seek leave of the court to rely upon that document at that hearing and (ii) must provide a clean sealed copy of that document to the court for consideration. For the purposes of (a), times will be calculated according to the time zone of the filing registry and not the location of the person uploading the document.
Hard Copy Documents

Hard copy documents are not required to be filed in addition to eFiled documents unless requested by the judicial officer.
The Court Seal

A court seal is automatically affixed to the Application for Divorce after the Affidavit for Efiling Application (Divorce) has been uploaded (and after it has been sworn/affirmed), when the application is subsequently printed off for service.
Frequently Asked Questions

When did eFiling of Applications for Divorce commence?
26 September 2009.
Who can eFile an Application for Divorce?

Legal firms and individuals who want to eFile an Application for Divorce via the portal must first register with the portal.
What do you need before you can commence to eFile an Application for Divorce?
To prepare yourself, read a copy of the Divorce Kit and Divorce Service Kit, which are available at http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/ Forms/Divorce+forms+and+kits/ You will also need:
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Access to the Internet and an email address. Access to a printer and scanner. A scanned copy of the marriage certificate which is saved to the computers hard drive or a memory stick and can be accessed and uploaded onto the portal. If the marriage certificate is not in English, you will need to provide a scanned copy of a translated version, together with an affidavit from the translator. Proof of Australian citizenship (if required). Further Affidavits (if required). A valid credit card (Visa or Mastercard only). If seeking a reduction in the filing fee, you need to download Application Reduction of Payment of court fees - General (see http://www.fmc.gov.au/ html/fees_family.html), complete and scan the form/s and attach evidence supporting your request for a reduction. If you are filing a joint application for divorce, both applicants need to be eligible for the reduction and each must file a reduction form together with supporting documents.
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For more information on divorce, refer to the following publications which can be found on http://www.familylawcourts.gov.au
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Family Law Courts Divorce Kit. Divorce Service Kit. Marriage, Families and Separation. Are you having trouble serving your divorce application? Have you been married less than two years? Separated but living under one roof.
How does eFiling an Application for Divorce work?

A registered user is able to eFile an Application for Divorce by completing the online form, uploading any required accompanying documents (such as a Marriage Certificate, Affidavit For eFiling Application (Divorce)), paying a fee and selecting a court location and date and time for the hearing of the matter to be dealt with by a judicial officer in court.
What happens when the Application for Divorce is lodged?

Once the application has been lodged, fee collected and a court date and time accepted, a new file is created. You will then be able to print off a sealed copy of the application to serve on the respondent.
Note The respondent needs to be served with the Application for Divorce, Affidavit for Efiling (Divorce), a copy of Marriage, Families and Separation and any other applicable filed document.
What can be seen in the portal after documents are lodged?

Party details, eFiled documents, the next court date and any other documents that have been eFiled by the respondent are viewable in the portal. Records of any documents that have been lodged at a family law registry can also be viewed.
How can a joint application for divorce be eFiled?

If both parties want to file an application together (i.e. eFile a joint application), one of the applicants will need to complete the Application for Divorce and provide details for both parties. A copy of the Affidavit for eFiling (Divorce) will have to be sworn/affirmed by each applicant before a lawyer, Justice of the Peace or other authorised person and both copies scanned and uploaded to the portal prior to the hearing.
What divorce documents can you eFile in the Commonwealth Courts Portal?
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Acknowledgement of Service (Divorce). Affidavit. Affidavit for eFiling Application (Divorce). Affidavit in Lieu of Marriage Certificate. Affidavit of Service. Affidavit of service by Hand (Divorce). Affidavit of service by Post (Divorce). Affidavit: Translation of Marriage Certificate. Citizenship Certificate. Reduction Form. Marriage Certificate. Marriage Under Two Years Certificate. Notice of Address for Service. Notice of Discontinuance. Notice of Intention to Withdraw as Lawyer. Notice of Withdrawal as Lawyer. Request to Attend by Electronic Communication. Response to Divorce.
What documents cannot be eFiled in divorce proceedings?

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Application for Reduction of Court Fees on the basis of financial hardship.
Fees
For information on the current fees payable and information regarding fee reductions, see www.fmc.gov.au/html/fees_family.html
Note Applications for the reduction of court fees on the basis of financial hardship cannot presently be submitted via the portal. If you are seeking a reduction on the basis of finacial hardship, your application must be lodged with the Court either in person at a family law registry or by post.
Who do I contact if I have any questions regarding eFiling through the portal?
If you want to know more, call 1300 352 000 or visit your nearest family law registry. Registry locations are available from www.fmc.gov.au/html/contacts.html
Disclaimer
The Parties in this guide are fictitious and no similarity to actual persons, living or dead is intended or should be inferred.
eFiling a New Application

This example demonstrates the filing of a divorce as a single applicant application, with a child, paying with a credit card.
Register in the portal at www.comcourts.gov.au
Once registration is complete Click Register
Click Create New File
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Read and confirm information is correct Click Confirm
Select appropriate court and Application for Divorce and Click Continue
Enter Title Surname and Initials of Both Parties and description e.g. Divorce Application
Click Create Application
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Click OK to continue or Cancel
A new Application has been created Click Part A The applicant (s) to start the application
Note: At any time you need help answering questions please click Help
At question 1 Start answering questions l Continue answering all questions for this part l Upon completion of this part, either Save or Validate
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Note: Save, saves (and as well validates the information). Validate checks for missing detail input only without saving. Delete, deletes the information you have input.
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As you complete each part and save it, the percentage completed of that part will be displayed at the top of the screen until it reaches 100%
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To move to the next part of the application Click the Next link e.g. Next Husband and wife
Continue working through the application until all sections have been completed and saved
Note: as you answer questions depending on your response further information may be requested from you or areas in the form will become greyed out.
After completion of form at Part F and saving Click Continue
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You are required to upload a scanned copy of your Marriage Certificate (if applicable) Click the Marriage Certificate
Note: We only accept documents in PDF format.

Click Browse to search your computers hard drive or memory stick for
the copy you have scanned and saved. Select the document
Click Upload
important: We only accept files in PDF format. You may use any available PDF converter, or use the free PDF converter we provide for your convenience
Note: as you answer questions depending on your response further information may be requested from you or areas in the form will become greyed out.
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Click OK
The document has been accepted
To complete the application Click Lock and Continue
Note: once the application is locked you will no longer be able to make changes to it.
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Click Open
The application will display with a checklist of next steps you are next required to take, including Swearing/Affirming your application and service requirements.
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Print the application
The last two pages of the application is the Affidavit for eFiling Application (Divorce). You are required to complete these last two pages and have them sworn/affirmed before a lawyer, Justice of the Peace or other authorised person. At this stage after printing off your application log out of the portal. After your application has been witnessed/affirmed log back into the portal and CLICK Complete and part complete applications
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Read the text and Click Confirm
Click Open
You need to upload a scanned image of the sworn Affidavit for eFiling Application (Divorce) to the Portal.
Click Affidavit for eFiling Application (Divorce)
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Click Browse and search for the document on your hard drive/memory
stick Complete swearing details

CLICK Upload
Click OK
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From locations available, select a Court you want the matter to be heard in Download Marriage, Families and Separation Tick that you have read the brochure Select Credit Card
Click Submit Application
Click OK
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At the Card Selection Screen select either Visa or Mastercard by CLICKING on its logo.
At the Card Details Screen enter your Card Number, Expiry Date and Security Code details
Click Pay
NOTE: Credit Card details are not stored on the portal
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Wait for the transaction to be approved
If your transaction has been approved notification displays
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Wait further until the Create a new file Application complete screen displays with payment receipt details. Your file number has now been created. From the highlighted dates available Click a date
Select a time from the times available and CLICK Submit
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Click the file number link
CLICK
twisty to expand out the documents filed section
Print off all documents filed for service
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Lodging further documents

To add further documents later, such as your service documents: l Log into the portal l In the Documents Filed area CLICK on Add Document
CLICK Browse and look for the document that you have scanned to your hard drive/ memory stick in a PDF format or use the free converter at the right of the screen to convert to PDF format. Select the Document Type that you are lodging, complete any further details required to be completed depending on which document you have selected Tick the check box for the person you are filing on behalf of (after reading the information about uploading documents) CLICK Upload
Your document is confirmed as being uploaded and you can now print off a Confirmation Notice, transaction receipt and arrange service if applicable.

eFilingGuide March2011

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2010

Family Law Courts

Help and more information

Hard Copy Documents

The Court Seal

Frequently Asked Questions

Who can eFile an Application for Divorce?

How does eFiling an Application for Divorce work?

What happens when the Application for Divorce is lodged?

What can be seen in the portal after documents are lodged?

How can a joint application for divorce be eFiled?

What documents cannot be eFiled in divorce proceedings?

Application for Reduction of Court Fees on the basis of financial hardship.

eFiling a New Application

Register in the portal at www.comcourts.gov.au

Once registration is complete Click Register

Click Create New File

Read and confirm information is correct Click Confirm

Click OK to continue or Cancel

After completion of form at Part F and saving Click Continue

Note: We only accept documents in PDF format.

The document has been accepted

To complete the application Click Lock and Continue

Print the application

Read the text and Click Confirm

stick Complete swearing details

NOTE: Credit Card details are not stored on the portal

Wait for the transaction to be approved

If your transaction has been approved notification displays

Select a time from the times available and CLICK Submit

Click the file number link

twisty to expand out the documents filed section

Print off all documents filed for service

Lodging further documents

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