How to File Property Settlement Orders in the FCFCOA from Queensland

Queensland doesn't have its own family court. Property settlement proceedings are filed in the Federal Circuit and Family Court of Australia (FCFCOA), which operates nationally under the Family Law Act 1975. Filing happens electronically through the Commonwealth Courts Portal (CCP) — the same system used whether you're in Brisbane, Cairns, or Toowoomba.

Two Filing Pathways

The form you file depends on whether you've reached agreement with your former partner:

If you agree: Application for Consent Orders (Form 11). Filing fee: $215. No court hearing required — a registrar reviews the paperwork and seals the orders if they're satisfied the agreement is just and equitable.

If you can't agree: Initiating Application (Financial) — this starts contested property proceedings. Filing fee: $420. The respondent pays $420 to file a Response. This pathway leads to court-managed negotiation, conferences, and potentially a trial.

For most Queensland separations where both parties can reach terms, Form 11 (Consent Orders) is the faster, cheaper route.

Filing Through the Commonwealth Courts Portal

The CCP is the FCFCOA's online filing system. To file:

1. Create an account on the Commonwealth Courts Portal. You'll need a valid email address and identification.

2. Select the correct form. For Consent Orders: Form 11 (Application for Consent Orders) plus Form 12 (Notice of Risk — required if children under 18 are involved, even if your application is property-only).

3. Attach the Minute of Consent Orders. This is the document that sets out the specific orders you're asking the court to make — property transfers, super splitting, debt allocation. The drafting here matters enormously. Vague or unenforceable terms will be rejected.

4. Attach supporting financial documents. Both parties must provide a financial statement showing income, assets, liabilities, and superannuation. Accurate disclosure is mandatory.

5. Pay the filing fee. $215, payable online. Fee reduction to $105 available with a Commonwealth concession card.

6. Wait for registry assessment. A registrar reviews the application without a hearing. They check that the proposed orders are just and equitable, that both parties have signed, and that the drafting is technically sound. If there are issues, the registry will write to you requesting amendments — which means delay.

Common Reasons for Registry Rejection

The registrar isn't rubber-stamping your agreement. They're assessing whether it meets the court's threshold for fairness. Common rejection triggers:

• Vague property descriptions. "The furniture" or "the car" won't work. You need specific addresses (with title references for real property), vehicle registration numbers, and account details.
• Missing financial disclosure. Both parties must provide financial statements. Incomplete or clearly inconsistent statements raise red flags.
• Super splitting without procedural fairness. If your orders include superannuation splitting, you must prove the fund trustee was served a copy of the draft orders at least 28 days before filing and had the opportunity to respond.
• Orders that aren't self-executing. The orders need to be precise enough that a third party (a bank, the land titles office, a super fund) can action them without further interpretation.

After the Orders Are Sealed

Once the registrar approves and seals your Consent Orders, they become court orders with the same force as if a judge made them after a trial. But the court order alone doesn't transfer property or split super — you need to execute the orders through state-level agencies.

In Queensland, that means lodging property title transfers with Titles Queensland (Form 1 and Form 24), claiming the stamp duty exemption through the QRO portal (Form D2.2), and serving the sealed orders on super fund trustees for execution.

The Queensland Divorce Financial Split Guide covers both the federal filing process and the Queensland-specific execution steps — with clause templates, form-filling guidance, and a procedural timeline to keep everything on track.

See more Queensland guides →