Amended Application for Final Orders: 4-Step Helpful Guide

If you need to change the details in your original application for final orders, you must submit an amended application for final orders.

This allows you to correct errors, update information, or add new requests before the court makes a final decision.

The amendment process ensures that your application reflects your current circumstances and legal position.

When Should You File an Amended Application for Final Orders?

You may need to amend your application if:

• Your circumstances have changed – This could include a new parenting arrangement, financial change, or updated property settlement details.
• You made an error in your original application – If you entered incorrect details, you should correct them before the court reviews your case.
• You want to add or remove orders – If you need to request different final orders than originally stated, an amendment is required.
• The court requires changes – Sometimes, the court may direct you to clarify or revise certain aspects of your application.

It is important to make any necessary amendments as soon as possible to avoid delays in your case.

Key Takeaway: If your situation has changed or errors need correcting, filing an amended application ensures the court has the most accurate information.

How to Amend an Application for Final Orders

If you need to file an amended application for final orders, follow these steps:

1. Prepare Your Amended Application

• Use the same Application for Final Orders form but update the necessary details.
• Clearly indicate the changes by underlining or using a different colour font.
• Remove any requests that are no longer relevant.

2. File Your Amended Application

• Submit the updated form through the Federal Circuit and Family Court of Australia (FCFCOA) online portal or in person at the court registry.
• If the original application has already been served on the other party, you must apply for the court’s permission before filing the amendment.

3. Serve the Amended Application

• The other party must be given a copy of the amended application.
• This can be done through personal service or by mail, depending on the court’s requirements.

4. Attend Any Scheduled Hearings

• If a hearing has already been set, the court will consider your amended application during proceedings.
• Be prepared to explain why the amendment was necessary.

Key Takeaway: The amendment process requires filing an updated application, serving it correctly, and ensuring compliance with court procedures.

Do You Need Permission to Amend Your Application?

In some cases, you may need the court’s permission before filing an amended application. This applies if:

• A hearing date has already been set, and your amendments would significantly change the case.
• The other party has already responded to your original application.
• The amendment introduces new claims that were not previously included.

If permission is required, you must file an Application in a Proceeding, explaining why the changes are necessary. The court will review your request and decide whether to allow the amendment.

Key Takeaway: Some amendments require court approval, especially if they significantly alter your original application.

How Do Amendments Affect Your Case?

Filing an amended application may:

• Change the timeline of your case – If the amendments introduce new issues, the court may need additional time to review them.
• Impact the other party’s response – The respondent may need to adjust their arguments or evidence based on your changes.
• Lead to additional hearings – If major amendments are made, the court may schedule extra hearings to address them.

It is important to consider how these changes might affect the overall progress of your case before submitting an amendment.

Key Takeaway: Amending your application can impact case timelines, responses from the other party, and potential court hearings.

Common Mistakes to Avoid When Amending an Application

When filing an amended application, avoid these common mistakes:

1. Failing to get permission (if required) – If the court’s approval is needed, skipping this step can result in delays or rejection.
2. Not properly marking changes – The court needs to see what has been amended, so highlight changes clearly.
3. Forgetting to serve the other party – If the respondent is not given a copy, your amendment may not be considered valid.
4. Waiting too long to file – Delays can affect court scheduling and may require an explanation for late amendments.

By carefully following the correct process, you can ensure your amended application is properly considered by the court.

An amended application for final orders allows you to update or correct your initial court filing, ensuring the most accurate and relevant information is presented.

Whether you need to adjust parenting arrangements, financial matters, or property settlements, amending your application correctly can help keep your case on track.