CMS File Primary and Secondary Applications FAQs

This section offers responses to frequently asked questions about filing primary and secondary applications in CMS Portal.

 

What is a sub case?

In the Child Protection release of the portal a subcase is "built in" terminology from the system. Essentially subcase can be used when referring to all applications (both primary and secondary) which are made to the court.

Please refer to the forms category to confirm if the document/application you would like to file is a Subcase

 

Can you file an application if you are missing required documents? Will you be able to lodge the application without the documents?

If the document is mandatory for the application as per current legislation it will need to be uploaded into the system at the time of filing the application. Further supporting documents such as CRIS notes and affidavits of service are not mandatory upon filing and may be able to be filed later. It should be noted that although the system may not always validate for a particular document, current practice directions regarding filing must be complied with.

 

How does the system notify the applicant that an application is listed?

When filing an application such as a PA by EC or a PA by Notice there will be a step where a court date is selected. As soon as the application is accepted by the court and the application reads as 'accepted' on the portal the matter will be listed for the selected date.

 

Will applications and search warrants be automatically issued by the court?

It depends on the application filed with the court. For example applications by notice will automatically be issued and listed as long as all the relevant  fields are entered onto the portal. In the case of search warrants they would go into a work queue to be reviewed by a registrar and then a magistrate before they are issued.

 

How will we know when search warrants have been granted?

After a magistrate has issued a search warrant the warrant will be sent to VPOL and the filer will receive an notification that the application has been approved. This process will be the same both for regular court hours and after hours registries.

 

If we are required to provide more information on a search warrant, how will we upload it to the system?

A new affidavit in support of search warrant needs to be filed against the case.

 

Are protection applications by emergency care still a paper document?

Yes, protection applications by emergency care will be uploaded onto the portal, as opposed to applications by notice that are generated and automatically issued. The data capture for emergency care and by notice applications remains the same.

 

Will the applications that are generated by CMS be the document we will need to serve on parties?

Yes, any document that is generated by CMS Portal will be the issued copy of the document that should be served on parties.

 

When you file an application and it comes up as 'accepted', does this mean it is issued and it can be served?

Yes, as soon as the document is accepted by the court, the issued document will be available in the Documents tab of the portal and be ready to serve on the parties.

 

Will the portal send reminders if affidavits of service aren't filed?

Yes, if an affidavit has not been filed with the Court (and an application for dispense has not been granted), an automated reminder will be sent to the current active DFFH worker.

 

Can any party file an application via the portal?

Anyone with portal access and case access can file applications on a case.

 

How will self-represented parties make applications on their cases?

If a party is self-represented they will be required to complete the relevant paperwork and provide it to the registry. At this point if the document is filled out correctly and complies with the legislation the registry will initiate onto CMS which can then be viewed within the CMS portal.

 

Will parties receive an alert if an application is filed on one of their cases?

No, there will not be notifications sent to the other parties when an application is filed, just an acknowledgement to the filer. As per current processes, parties will still need to serve application on all relevant parties and file affidavits of service.

 

Will we have to file separate minutes and applications for each child if part of family group with same order being made?

The portal provides the ability to file proposed minutes (draft orders), applications and documents across multiple cases in a sibling group in the majority of scenarios.

 

Is there a field for adding in additional parents such as step-parents when filing an application?

Yes, there is a field for adding in additional parties to a case.

 

Is the portal also used for filing Protection Applications by Emergency Care along with by notice?

Yes, the portal will be used for PA by EC and PA by notice. Noting the key difference is Protection Applications by Notice will be electronically generated and issued, while Protection Applications by Emergency Care will be an upload.

 

Will the portal negate the use of the PA information summary forms (Form B) that we currently use?

No, summary information form for application for emergency care (Form B) must be uploaded into Portal, all parties to proceedings can view documents in Docs Folder view in line with the current practice direction.

 

Do you need to wait for the application status to be set to approved before being able to serve the party?

Yes, you do. Some applications may go into a work queue for review and issuing, however the majority of applications will be instantly issued and available for download in the portal when they come from a trusted user (i.e. DFFH or legal rep).

 

Is there a guideline for when we create a filing reference?

This is a decision for the organisation, or it is a personal preference of the filer. This is your own personal reference and will not be visible to the Court If you are a law firm, it could contain an internal reference number or potentially a CRIS ID for DFFH.

 

How does CMS reflect a change of order upon receiving a conversation request via DFFH?

The department will have to file a notice with the court which will be reviewed by registry. The conversion will be actioned by way of a work queue and the converted order will be reflected in portal.

 

If a joinder application is granted, can the party be added as a party on CMS?

Yes, the party will be added if the judicial officer grants the application.