When is a petition the correct way to start?
Rule 3-1 usually requires a notice of family claim for a new family law case. Petitions are reserved for the categories described in Rule 3-1(2.2) to (4)(b), including certain proceedings where there is no appropriate existing family file. The relief you are seeking—not which form looks easier—determines whether Form F73 can be used.
Before drafting, identify the legislation and exact order sought. Compare it with Rule 3-1 and starting a Supreme Court family case. If your dispute involves a contested claim for parenting, property division or divorce, do not assume a petition is the ordinary way to start it.
What Form F73 must tell the court
The current form identifies the petitioner, respondent, people on notice, the orders requested and the factual and legal grounds supporting those orders. Draft each requested order separately, so someone reading the form can tell exactly what outcome you seek. Match every major factual assertion to your sworn evidence where proof is needed.
Include the correct registry, party names and a realistic hearing time estimate. Confirm whether the order affects someone who is not already named as a party; Rule 17-1(3) can require service on other affected people.
Filing and serving the petition
- Confirm that Rule 3-1 allows or requires a petition for the specific claim.
- Prepare Form F73 and each supporting affidavit; review affidavit and exhibit requirements.
- File the petition and affidavits in the appropriate Supreme Court registry.
- Normally arrange personal service of the filed petition and supporting affidavits on every person affected, unless a rule or court order provides otherwise.
- Keep proof of when, where and how service took place. That information matters to response periods.
Unlike ordinary applications under the October 2026 amended Rule 10-6, a Rule 17-1 petition has its own file-then-personally-serve starting sequence. Do not mix the two procedures.
What happens after service?
A recipient who wants notice of the hearing can respond using Form F74, with deadlines tied to the place of service. The petitioner then arranges a hearing using Form F75 and prepares a petition record. A petition is not automatically uncontested just because the respondent has not filed immediately.
Common mistakes and a practical check
- Using F73 for a claim that should start with F3.
- Describing a grievance without specifying the precise order or statutory basis.
- Relying on unsworn attachments rather than properly exhibited affidavit evidence.
- Serving only named parties when other persons may be affected.
- Assuming ordinary Rule 10-6 application deadlines govern the petition.
Before filing: write down the exact Rule 3-1 category, list every person whose interests may be affected, identify each affidavit, and confirm the latest official F73 form.
Related guides
Important: This page is general legal information, not legal advice. Court rules, practice directions, fees and forms can change. Court orders, exceptions and the circumstances of your own case can change the procedure.