Actions in Respect of Family Law
| Nature of action | Time Limit Period | Legislation | Provision |
| Property & Spousal Maintenance applications | 12 months | s 44 (3) Family Law Act 1975 (Cth) | Action may not be commenced after 12 months after a divorce order has taken effect, or a decree of nullity of marriage is made, without leave. |
| Appeal to Family Court from decision of court exercising summary jurisdiction. | 28 days | s 96 Family Law Act 1975 (Cth) and r 22.03 Family Law Rules 2004 (Cth) | A Notice of Appeal must be filed within 28 days after the date the order appealed from was made. |
| Appeal to Full Court from decision of Family Court. | 28 days | s 94 Family Law Act 1975 (Cth) and r 22.03 Family Law Rules 2004 (Cth) | A Notice of Appeal must be filed within 28 days after the day on which the order appealed from was made. |
| Review of orders of Registrar | 7, 21 or 28 days (depending on the power being exercised). | r 18.08 Family Law Rules 2004 (Cth); r 20.01 Federal Circuit Court Rules 2001 (Cth) | In the Family Court of Australia an Application in a Case must be filed within 28 days after the Registrar makes an order exercising a power mentioned in sub rule 18.05(1).
In the Family Court of Australia an Application in a Case must be filed within 7 days after the Registrar makes an order exercising a power delegated under rules 18.05(2) and 18.06. In the Family Court of Australia an Application in a Case must be filed within 21 days after the Registrar makes an order in a bankruptcy case. In the Federal Circuit Court an Application for Review must be filed within 28 days after the Registrar makes an order exercising a power mentioned in paragraph 20.00A otherwise it is 7 days after the order is made. The Application for Review must be served with a filed copy within 7 days after filing (r 20.02). |
| Appeal to Family Court from the decision of Federal Circuit Court. | 28 days | s 94AAA Family Law Act 1975 (Cth), r 22.03 Family Law Rules 2004 (Cth) | File Notice of Appeal within 28 days of date of decision of the Federal Circuit Court. |
| Appeal against Magistrates Court/ Children’s Court (constituted by Children’s Court Magistrate)/ Magistrate’s decision refusing to make a protection order/variation/revocation of a domestic violence order, or making/varying/revoking a DVO. | 28 days after the day on which decision was made (or served). | s 165(4) Domestic and Family Violence Protection Act 2012 (Qld) | Appeal to District Court to be instituted within 28 days after the day the order or decision was made, OR, where the order was made in the absence of the person aggrieved, the earlier of 28 days after the day on which a copy of the decision is served on or given to that person, or 28 days after the day on which a police officer tells the person about the existence of the decision. |
| Application for a de facto property adjustment | 2 years after relationship ended. | s 288 Property Law Act 1974 (Qld) | A court may make a property adjustment order only if the application was made within 2 years after the day which the de facto relationship ended (or the court has given the applicant leave to apply).
Court may give leave to extend time if satisfied that hardship to the applicant or a child of the de facto partners would otherwise result. |
| Claim for Testator’s Family Maintenance | 9 months after death of deceased | s 41(8) Succession Act 1981 (Qld) | Unless the Court otherwise directs, application will not be heard unless instituted within 9 months of the death. |
| Review of orders of Judicial Registrar | 7, 21 or 28 days (depending on the power being exercised) | r 18.08 Family Law Rules 2004 (Cth) | An Application in a Case must be filed within 28 days after the Judicial Registrar makes an order exercising a power under rules 18.02 and 18.03 and subrule 18.05(1).
An Application in a Case must be filed within 7 days after the Judicial Registrar makes an order exercising a power under rule 18.05(2) and 18.06. An Application in a Case must be filed within 21 days after the Judicial Registrar makes an order in a bankruptcy case. |
| Application for claim for father to make contribution to costs of mother of pregnancy and child birth | 12 months after birth of child | s 67G Family Law Act 1975 (Cth) for application under s 67B Family Law Act 1975 (Cth) | Father, not married to child’s mother, is liable to make proper contribution to the medical expenses of the mother in relation to pregnancy and birth of child:s 67B Family Law Act 1975 (Cth).
Application can be made at any time during pregnancy, but not later than 12 months after the birth, except by leave of the Court: s 67G(1) Family Law Act 1975 (Cth). Court must not grant leave unless satisfied that a refusal of leave would cause hardship to the applicant, the child, or another person: s 67G(2) Family Law Act 1975 (Cth). |