When Your Former Partner Doesn’t Comply with Property Orders: The Court’s New Enforcement List
A property settlement order sets out what must happen, but practical difficulties can arise if a required payment or transfer is not completed.
The Federal Circuit and Family Court of Australia’s National Enforcement List commenced on 21 September 2026 for financial and property proceedings. It provides a national process for enforcement applications and certain requests to give effect to existing orders.
What is the new list designed to do?
The Court describes its aims as improving compliance, dealing with enforcement efficiently and safely, addressing difficulties with financial orders where appropriate, and referring suitable matters to dispute resolution.
The focus is on compliance with orders. It applies regardless of a party’s gender or their role in the former relationship.
What kinds of issues can it address?
The process covers applications seeking enforcement orders and certain requests under existing orders, such as execution of a deed or instrument under section 106A, third party debt notices and enforcement warrants. The available option depends on the order and circumstances.
Parenting contraventions are a separate process. The Practice Direction does not apply to Applications – Contravention or Applications – Contempt.
What should you prepare?
Keep the sealed orders, a clear record of the alleged non-compliance, relevant correspondence and payment records. Legal advice can help identify the appropriate application, evidence and procedural requirements.
The Practice Direction requires evidence that the other party was served with the order or had notice of its terms. If enforcement orders are required, the respondent may be ordered to pay the applicant’s legal costs; recovery is not automatic.
Use the current Court guidance
The Court’s September update confirms that enforcement applications and requests must be lodged by email with the required supporting documents. It also identifies updated forms and brochures.
How we can help
Sambanis Family Law can review your orders and advise on the options available. Explore our property settlement services or arrange a consultation.
General information only, not legal advice. Information checked on 16 October 2026. The appropriate response depends on the orders, evidence and circumstances.