New processes for the Federal Circuit and Family Court
The Federal Circuit and Family Court of Australia (FCFCOA) has introduced a new National Enforcement List which commenced on the 21st of September 2026.
What is the National Enforcement List?
The National Enforcement List is established in the family law jurisdiction of the FCFCOA. It is designed to prove a more streamlined process for enforcement applications and enforcement requests. These applications will now be lodged for filing by email (enforcementlist@fcfcoa.gov.au).
What is an enforcement application?
An enforcement application is used to enforce an order, other than a parenting order, where a party has not done what a final or interim order requires. For example, they may have:
failed to pay money
failed to progress the transfer or sale of an asset
failed to comply with financial obligations
otherwise failed to do something the order requires
When does the list apply?
The list applies to two types of applications:
Enforcement applications; and
Enforcement requests, dealt with in Chambers. These include requests for a Registrar to sign documents under section 106A of the Family Law Act, or for a Third Party Debt Notice or a Warrant for Seizure and Sale of Property to be issued.
The list only applies in the enforcement of orders made in financial or property only matters. It does not apply to contravention or contempt applications.
What is the list trying to achieve?
The objectives of the National Enforcement List are to:
uphold the authority of the Court by enforcing compliance with orders;
efficiently deal with applications for enforcement on a national basis in a timely, cost effective and safe way for all litigants;
deter non-compliance with orders;
where appropriate, resolve difficulties with financial or property orders which have contributed to non-compliance;
impose appropriate costs orders where enforcement orders are required to be made; and
triage appropriate matters to dispute resolution
What does this mean for you and how can we help?
If you are waiting on someone to comply with a financial or property order, the new list offers a more streamlined path to enforcement.
Our family law team can advise you on whether an order can be enforced, which application is appropriate, and prepare and lodge it correctly under the new process.
This information is general in nature and does not constitute legal advice. For advice specific to your circumstances, contact us today.
