COURT ORDERS AND CONSENT ORDERS
BREACHING (CONTRAVENING) AN ORDER

 

How do I make a Contravention Application

 

Filing an Application for Contravention

 

If a person has breached (contravened) a Court Order and you want to have the Court do something about it, you will need to file in the Court, an Application for Contravention using the specific forms the Court requires.

Before you file a Contravention Application you should make sure the Court Order has actually been breached and also, that the person does not have an excuse for breaching the Court Order the court is likely to accept.

Find out those answers to those questions in our fact sheets When is a Court Order breached and Is there a reasonable excuse for breaching a Court Order.

If the breach of the Court Order is considered by the Court to be a minor breach, the court may not look favourably on you filing a Contravention Application, as courts often consider dealing with a minor breach of a Court Order, a waste of time and resources.

If the breach is serious, repeated or ongoing, you may wish to file a Contravention Application in Court.

To file an Application for Contravention in Court you must:

  • File in Court:
    • An Application using the specific mandatory form; and
      • An Affidavit in support of your Application, setting out the facts.
    • Serve a sealed copy of the Application and Affidavit (which has the court date and time on it) on all other parties (including the person you want the court to breach (contravened). 

    There is a mandatory Application Form the Family Court requires you to use to file a Contravention Application. You can access the Application for Contravention form from the Family Court Website at this link.

    To help you with the Affidavit you will need to file in support of your Contravention Application, read our fact sheet How to prepare an Affidavit.

    If you file an Application for Contravention, then you should read our fact sheet How do you prove a breach of a Court Order.

    Courts can enforce compliance with Orders. Our fact sheet explains What happens if you breach a Court Order.

     

     

    Please show support for our free service by liking our Facebook Page

    Find Us on Facebook

    Content By:
    Michelle Beatty
    MRB LAW

    Other Questions answered in the Court Orders & Consent Orders Section

     

    You might also be interested in the following sections of our website
    (access by clicking below or from the left side Navigation Menu)

     

    Publishing Rights:
    You may republish our Fact Sheets in your website, newsletter, or book, on the condition that you agree to leave the article, author’s signature, and all links completely intact as well as make reference to the fact it is provided courtesy of:
    “www.diyFamilyLawAustralia.com”

    TOPICS

    HOW WE HELP
    Middle Aged Man


    "I don't want to
    lose everything.
    I need to know
    where I stand.
    "


    Middle Aged Man

    "I can't afford
    legal costs. I
    need help to
    do as much as
    I can myself.
    "



    GET HELP
    FROM US
    SO YOU

    • Do It Yourself
    • Avoid Legal Costs
    • Reduce Stress
    • Know Your Rights
    • Understand your
      Obligations
    • Prepare your case
      thoroughly
    GET HELP
    MRB Law Ask about our Fixed Fee Options

    WE HELP YOU

    • DO IT YOURSELF
    • AVOID LEGAL COSTS
    • REDUCE STRESS
    • KNOW YOUR RIGHTS
    • UNDERSTAND YOUR OBLIGATIONS
    • PREPARE YOUR BEST CASE

     

    Get Important Updates, Tips, Free Advice Sessions by liking us on Facebook

     

    Full List of Free Fact Sheets available on DIY Family Law Australia's Website

     

    Ask DIY Family Law Australia a Question

     

     

    Your Logo Could Be Here