What the New National Enforcement List Means for Family Law Property Orders
Obtaining property or financial orders from the Federal Circuit and Family Court of Australia should bring certainty after separation.
But what happens when one party simply does not follow those orders?
A former partner may refuse to transfer property, sign documents or make a required payment. They may also delay the sale of a property or fail to complete other steps required by the Court.
From 21 September 2026, the Federal Circuit and Family Court of Australia introduced a new National Enforcement List for financial and property orders.
The new process aims to deal with enforcement applications across Australia in a timely, cost-effective and safe way. It also aims to deter non-compliance and resolve problems that prevent people from carrying out existing orders.
The Federal Circuit and Family Court of Australia has published information about the National Enforcement List. The Court has also issued a Practice Direction that explains the new process.
What Is the National Enforcement List?
The National Enforcement List provides a national process for enforcing financial and property orders under the Family Law Act 1975.
It applies to an Application – Enforcement for an order in a financial or property-only matter from 21 September 2026.
The Court designed the List to promote compliance with its orders. It also aims to deal with enforcement matters efficiently and deter people from ignoring their obligations.
The Court may also address practical problems that have prevented the parties from carrying out an order.
The Family Law Practice Direction – National Enforcement List explains how the Court manages these matters.
What Types of Family Law Orders Can Be Enforced?
The National Enforcement List covers financial and property-only matters.
Enforcement issues may arise when a person fails to:
- transfer ownership of real estate;
- sell a property;
- sign documents;
- make a required payment;
- transfer or deal with assets;
- follow financial settlement arrangements;
- take steps required by property orders; or
- meet other obligations contained in financial or property orders.
People must comply with Court orders and take reasonable steps to put them into effect.
The Court provides further information about enforcing financial and property orders.
What If Your Former Partner Refuses to Sign Documents?
A common problem can arise when an order requires a transaction, but one person refuses to sign the necessary documents.
The National Enforcement List can deal with certain requests in Chambers. These include requests for a Registrar to sign documents under section 106A of the Family Law Act 1975.
This process may help where one person’s refusal to cooperate prevents the parties from implementing existing property orders.
The List can also deal with Third Party Debt Notices and Warrants for Seizure and Sale of Property.
The right enforcement method will depend on the orders and the circumstances of the case.
What Happens When You File an Enforcement Application?
The Court can act when a person fails to comply with its orders.
An Enforcement Registrar can review the application and decide how the matter should proceed.
The Court may give procedural directions or hold an enforcement hearing to obtain information. In some cases, the matter may proceed to a final hearing before an Enforcement Registrar or Judge.
The Court may also explore whether the parties can resolve the issue without a final hearing. Negotiation or appropriate dispute resolution may provide another way forward in suitable cases.
Could Someone Who Refuses to Comply Have to Pay Legal Costs?
Potentially.
The National Enforcement List Practice Direction warns that a respondent may have to pay the applicant’s legal costs if the Court needs to make an enforcement order.
A costs order does not automatically follow every enforcement application. The Court will consider the circumstances of the particular case.
However, the message is clear: Court orders are legally binding and should not simply be ignored.
New Filing Requirements From 21 September 2026
The National Enforcement List also introduced new filing procedures.
From 21 September 2026, applicants must lodge an Application – Enforcement or enforcement request by email to the National Enforcement List. They must also provide the required supporting documents.
The Court has amended its Application – Enforcement form.
The form now asks whether a family violence order is in place. If one exists, the applicant must also file that order.
The Court explains the procedural changes in its National Enforcement List update.
The Court has provided a transition period for superseded forms until 16 October 2026.
Is Enforcement the Same as Contravention or Contempt?
No.
The National Enforcement List does not apply to an Application – Contravention or an Application – Contempt.
Enforcement, contravention and contempt involve different procedures and can lead to different outcomes.
The correct approach will depend on the existing orders, what has happened and what the applicant wants the Court to do.
For that reason, legal advice before starting proceedings can be important.
What About Consent Orders?
Not every property order comes from a contested final hearing.
Separated couples often reach an agreement about their financial affairs and ask the Court to formalise it through Consent Orders.
Once the Court makes those orders, they become legally binding.
If you are considering an agreed property settlement, read more about Consent Orders and family law property settlements.
Clear and workable orders can reduce uncertainty when the parties later need to implement the settlement.
Complex Property Settlements, Companies and Trusts
Enforcement can become more complicated when a property settlement involves substantial or complex assets.
These assets may include:
- companies;
- family trusts;
- investment properties;
- businesses;
- shares and investments;
- superannuation;
- overseas assets; and
- complex debts or ownership structures.
A dispute may involve more than a simple refusal to comply. The parties may disagree about the steps needed to implement the orders.
Chris Garlick advises and represents clients in complex family law financial matters involving companies, trusts, businesses, investments and high-value property settlements.
If you believe your former partner has failed to disclose assets, read Hiding Assets After Separation: Financial Disclosure in Family Law.
Property Settlements Can Also Have Tax Consequences
Family law and taxation law can intersect when people divide significant assets.
The transfer or sale of an investment property, company interest, trust asset, shares or business may create taxation issues. These can include capital gains tax consequences.
A family law outcome and a taxation outcome are not necessarily the same thing.
Tax advice can therefore become important before the parties implement a settlement involving complex or valuable assets.
Chris also practises in taxation law. For taxation matters involving property, companies, trusts, capital gains tax or complex financial structures, visit the Chris Garlick taxation law website.
What Should You Do If Property Orders Are Being Ignored?
Start by checking exactly what the existing orders require.
Has the deadline passed? Has the other person refused to cooperate? Are documents missing? Has a payment not arrived? Is a property sale being delayed?
You should also consider whether assets are at risk and whether the situation requires urgent action.
The appropriate response will depend on the wording of the orders and the circumstances of the case.
Getting advice early can help identify the available enforcement options and the correct procedure.
Speak With Chris Garlick About Family Law Property Orders
If someone is not complying with financial or property orders, early advice can help identify the available options.
Chris Garlick advises and represents clients in complex Australian family law financial and property matters. His work includes property settlements, Consent Orders, companies and trusts, high-value asset matters and disputes about implementing financial arrangements.
If your former partner refuses to comply with property or financial orders, or you need advice about the new National Enforcement List, contact Chris Garlick.
Chris Garlick | Family Law Barrister
Complex Financial and Property Matters | Australia Wide