By Carly Mirza-Price, Partner and Jenna Georgopoulos, Senior Associate

The Federal Circuit and Family Court of Australia (“the Court”) has announced a new National Enforcement List, designed to streamline case management of enforcement applications and requests in family law proceedings.

The National Enforcement List will commence on 21 September 2026.

An Enforcement Application is used to enforce an order, other than a parenting order, when a party or corporation has failed to pay money, progress the transfer or sale of an asset, comply with financial obligations, or otherwise do something required by a final or interim order.

The objective of the National Enforcement List is 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 Applications can be filed?

Two types of Applications and requests may be filed in the National Enforcement List:

1. Application – Enforcement:

An Application – Enforcement is to be filed with an Affidavit that has been signed by the Application at least two (2) days prior to filing the Application. The Applicant must serve the Application upon the Respondent and provide evidence of such service to the Court, or at least evidence that the Respondent is aware of the terms of the Orders.

The Application, once filed, will be allocated a First Return Hearing (unless a request for an urgent hearing has been granted by the Court) before the Registrar, on which occasion procedural orders will be made for the progress, and ultimate hearing, of the Application. The Registrar has the power to order further evidence and disclosure, grant leave for the issuing of subpoenas and may refer the parties to Dispute Resolution.

2. Enforcement Requests:

There is a new second pathway, being Enforcement Requests. Such Requests are available when an enforcement Order has already been made and the Applicant seeks the Court act on that Order. The Request will be considered by an Enforcement Registrar in chambers.

This pathway covers:

• Requests to execute a “deed or instrument” pursuant to an existing Section 106A Order. For example, this can include a request for a Registrar to execute a transfer document on behalf of a party who refuses to sign.
• Requests for the issuing of a Third Party Debt Notice (i.e. a garnishee order), Enforcement Warrant or Warrant for Possession where there is an existing Order.

In both instances, the Applicant must file an Enforcement Application or a Request by email to a single national email address, being [email protected], instead of filing on the online Court portal. This email address is administered by Enforcement Registrars whom are specifically allocated to consider Enforcement Applications and Requests.

Conclusion

The link to the Family Law Practice Direction – National Enforcement List – can be found here: Family Law Practice Direction – National Enforcement List.

In the event an Enforcement Application or request is deficient and/or fails to comply with the Family Law Practice Direction and the Federal Court and Family Court of Australia (Family Law) Rules (2021), an Enforcement Registrar may decline to accept it for filing. As such, filing an Enforcement Application or an Enforcement Request requires careful consideration and preparation.

Our team is well equipped to assist with enforcement measures. If you would like further advice about this article or enforcement, please contact one of our family lawyers.