Notice of Intention to Proceed

Understanding the Notice of Intention to Proceed

The Notice of Intention to Proceed is a procedural document filed in the Federal Circuit and Family Court of Australia to indicate that you wish to continue with proceedings that have become dormant. It serves as your formal declaration that your case is still active and should not be dismissed.

The form formally notifies the court and all other parties that you intend to continue pursuing your family law matter after a period of inactivity. It prevents automatic dismissal and reactivates your case on the court's active list. Either party to the proceedings — Applicant or Respondent — can file this notice.

Why this notice matters

Family law proceedings are designed to be resolved efficiently. When cases become dormant, the court has mechanisms to clear its lists. Without proper notice of your intention to proceed, your case could be dismissed, forcing you to start again from scratch.

The dismissal of dormant proceedings is not punitive but administrative. The court assumes that if no party has taken action for 12 months, the dispute may have been resolved privately or abandoned. This notice corrects that assumption.

Legal authority and framework

• Governing rules: Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
• Relevant practice direction: Central Practice Direction — Family Law Case Management.
• Jurisdiction: Federal Circuit and Family Court of Australia (Division 1 and Division 2).

When you need this form

You need to file this notice when your family law proceedings have been inactive for 12 months or more. "Inactive" means no documents have been filed, no court events have occurred, and no meaningful steps have been taken to progress the matter.

Common scenarios requiring this notice

• Settlement negotiations stalled: parties were attempting private resolution, negotiations broke down after an extended period, and court intervention is now required.
• Changed circumstances: personal circumstances have stabilised, financial or emotional capacity to proceed has been restored.
• Other party not engaging: the Respondent is avoiding communication and the matter cannot resolve without orders.
• Court notice received: you have received a warning of potential dismissal and an urgent response is required.

The 12-month rule

The 12-month inactivity rule is a case management mechanism designed to ensure the court's resources are directed towards matters that parties genuinely wish to pursue. When no step has been taken in proceedings for 12 months, the court may list the matter for dismissal. The clock starts from the last "step" in the proceedings, which includes filing documents, attending court events, or other substantive actions.

What counts as a "step" in proceedings

Actions that reset the 12-month clock:

• Filing any document with the court.
• Attending a scheduled court event.
• Filing an affidavit or response.
• Filing a Notice of Intention to Proceed.
• Making an interlocutory application.

Actions that do not reset the clock:

• Private negotiations between parties.
• Correspondence with the other party.
• Attending mediation (unless court-ordered).
• Informal discussions with lawyers.
• Waiting for the other party to act.

The dismissal process

1. Court identifies dormant matters: the court regularly reviews its case list to identify matters where no step has been taken for 12 months or more.
2. Notice may be issued: the court may issue a notice to parties advising that the matter will be listed for dismissal unless action is taken. However, this notice is not always sent.
3. Listing for dismissal: the matter is listed before a judge. If no party appears or files a Notice of Intention to Proceed, the case may be dismissed.
4. Dismissal orders made: if dismissed, orders are made formally ending the proceedings. Reviving dismissed proceedings requires a fresh application and may face additional hurdles.

Step-by-step filing guide

Filing a Notice of Intention to Proceed is relatively straightforward compared to other family law documents. However, precision is still required to ensure the notice is effective.

Step 1 — Obtain the correct form

Access the Notice of Intention to Proceed form from the Federal Circuit and Family Court of Australia website. Always download the most current version to avoid rejection. Visit the FCFCOA forms section, search for "Notice of Intention to Proceed," and download the fillable PDF version.

Step 2 — Complete the form

The form requires basic case identification information and your declaration that you intend to proceed. Accuracy is critical.

• Court file number: the unique case number assigned when proceedings commenced.
• Party names: full legal names of Applicant and Respondent exactly as they appear on the court file.
• Your details: your name and role in proceedings (Applicant or Respondent).
• Address for service: where court documents should be sent to you.
• Date and signature: your signed declaration of intention to proceed.

Step 3 — File with the court

Electronic filing via the Commonwealth Courts Portal is preferred. Log in and navigate to your existing case, upload the completed form, submit, and save the confirmation. For in-person filing, attend the court registry with the original plus copies for service — the registry seals documents and you receive stamped copies.

There is typically no filing fee for a Notice of Intention to Proceed, as it is a procedural document maintaining existing proceedings rather than commencing new ones. Always confirm current fees with the court registry before filing.

Step 4 — Serve the other party

Once filed, you must serve a copy of the sealed notice on all other parties to the proceedings. Unlike the Initiating Application, this notice can typically be served by ordinary service methods:

• Email to the other party's registered address for service.
• Post by pre-paid post to their address for service.
• Hand delivery to their address for service.
• Service on their legal representative if they have one on record.

Service requirements

Proper service of the Notice of Intention to Proceed is essential. While less strict than service of originating process, there are still rules that must be followed.

The notice should be served as soon as practicable after filing. There is no mandatory waiting period before further action can be taken, but prompt service demonstrates good faith. Best practice is to serve within 7 days of filing to maintain momentum and demonstrate to the court that you are genuinely committed to progressing the matter.

Proof of service

While not always required immediately, you should be prepared to prove service if the court or other party requests it. Keep records of:

• Date and method of service.
• Email confirmation or sent receipt.
• Post receipt if sent by registered mail.
• Screenshot of email sent.

If an Affidavit of Service is required, complete the form, have it witnessed or sworn, attach a copy of the document served, and file it with the court.

What happens after filing

Filing the Notice of Intention to Proceed sets several processes in motion. Understanding what to expect helps you prepare for the next steps in your case.

Immediate effects

Your matter is moved from the dormant list back to the active case list. The 12-month clock resets, and the threat of automatic dismissal is removed. The court registry notes the filing and may list the matter for a case management hearing to determine next steps and set new directions.

What you should do next

1. Prepare for case management: the court will likely schedule a directions hearing or case management conference. Review your original documents and update your position on the issues in dispute.
2. Update any changed information: if your circumstances have changed since proceedings became dormant (address, employment, children's circumstances), prepare to update your evidence with new affidavit material.
3. Consider settlement attempts: the court will want to know what efforts have been made to resolve the dispute. Be prepared to demonstrate genuine attempts at resolution or explain why they are not appropriate.
4. Gather updated financial information: for property matters, you may need to update your Financial Statement with current values and any changes to assets, liabilities, or income since the original filing.

The court's response

The court will typically schedule a procedural hearing within 4–8 weeks of receiving your notice. This may be called a "directions hearing," "case management conference," or "mention." The court will make new directions about how the case should progress, including deadlines for filing documents, disclosure requirements, and potentially listing the matter for conciliation or trial.

In some cases, the court may ask why proceedings became dormant and whether costs should be ordered against a party for causing delay. Be prepared to explain the circumstances.

Common mistakes to avoid

While the Notice of Intention to Proceed is relatively simple, there are common errors that can undermine your efforts to revive your case.

Filing errors

• Wrong file number — transposing digits or using an outdated reference.
• Incorrect party names — names must match court records exactly.
• Unsigned form — forgetting to sign before filing.
• Outdated form version — using an old version of the form.

Timing errors

• Filing too late — after dismissal has already occurred.
• Not monitoring deadlines — losing track of the 12-month period.
• Ignoring court notices — missing warning letters about potential dismissal.
• Delaying service — failing to serve promptly after filing.

Procedural and strategic oversights

• No follow-up action — filing notice but not progressing the case.
• Not attending hearings — missing the scheduled court date.
• No preparation — appearing without updated information.
• Reviving without a plan — no clear strategy for next steps.
• Not updating evidence — relying on outdated affidavits.
• Unrealistic expectations — expecting immediate trial listing after filing.

Common questions