How do you 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 information 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 information sheet How to prepare an Affidavit.

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

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

 

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