Donate Child Support Calculator
Skip navigation

Affidavit Formats for Federal Magistrates Court

Add Topic

Federal MagistratesCourt is different to Federal Court

Hi all,

Yesterday my husband tried to submit his affidavit in support of my case to the Federal Magistrates Court and was refused because he had written it in the format that is required for the Federal Court not the Federal Magistrates Court.

Silly me, I actually thought that the Federal Court was the Federal Magistrates Court and that people just shortened the name by dropping the Magistrates part.   They are actually two seperate entities and for some reason the format for when you submit affidavits is different for both courts.

To help anyone else that may be doing affidavits I was given and downloaded the correct form from fmc.gov.au, if you follow this link you can find it.

http://www.fmc.gov.au/forms/html/affidavit.html

This site has all sorts of information and forms on it so hopefully I might help other newbies like me to not make the same mistake, this is where my family court matter is being heard so now I have to read up all of the  information from here instead of the Federal Court.

I am slowly learning, hopefully I will understand enough to be competent in representing myself.
PearlPair.

I think the two distinct courts are the Family Court of Australia and the Federal Magistrates Court. The confusion may also be factored out as there are discussions in regard to merging the two. There is also another complexity that some need to beware of and that is that Western Australia has it's own Family Court of Western Australia.
MikeT

You may be right on that, I am only very new to this myself.

All I know is that the lady in the registry told my husband that he used the Federal Court format of the affidavit and she couldn't allow it to be entered for the Federal Magistrates Court which appeared to be referred to as the Family Court as well so perhaps these two are the same thing.

Not sure how important it is but I would love to know the difference for my own piece fo mind if anyone else had anything to offer.

All in all it is complex though, perhaps made so on purpose so that the general public find it too hard to understand and give up and just employ a solicitor.   Am I being too conspiracy theory like here?   Perhaps.
Family law matters can be heard in the Federal Magistrates Court or the Family Court. Generally, more complex matters are heard in the family court.

To add to the confusion the FMC site has a joint application from that can be used in either court.

Their is a specific initiating affidavit on the FMC site for matters regarding children and property.

There is also new, specific advise on the wording to be written when affirming/signing annexured material.

In major cities, these courts often use the same registries.

It is important to know which court and which documents to use.

If in doubt, check the rules on the relevant website and ring the hotlines available.

Good advice to pass on PP.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
There is a different layout used in the High Court and Supreme Court.

Affidavits used in the Fam Court can use standard layout provide they are attached to the correct cover form.

There should be a few examples in the SRL-R members area.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
1 guest and 0 members have just viewed this.

Recent Tweets