Today the Courts are providing exposure copies of amended forms that take effect from 6 May 2024.
A number of court forms require amendments due to the commencement of the Family Law Amendment Act 2023 and the Family Law (Information Sharing) Act 2023 (the Family Law Act Amendments).
Some forms have had new questions added or the structure of the form has changed. Other forms have only had minor changes to legislation references (sections of the Family Law Act) or words in the instruction pages.
To allow parties and practitioners to prepare for the changes, copies of the new forms are hyperlinked below. They should be filed on or after 6 May 2024.
Grace periods for use of old forms
Due to the nature of the changes to the following four forms, there is no general grace period for the filing of the old versions after 4:30pm (close of filing) on Friday 3 May 2024:
- Annexure to Proposed Consent Parenting Order (Current Case)
- Application – Contravention
- Application – Enforcement, and
- Application for Consent Orders if parenting orders are sought.
Individual judicial officers may, at their discretion, accept old versions of forms filed directly into court, but parties and practitioners should expect that old versions will otherwise be rejected for filing by the registry if received after 4:30pm on 3 May 2024.
All other forms will have a grace period of one month until 4:30pm (close of filing) on 7 June 2024.
Applications for Consent orders filed before 6 May 2024
If the Court is considering an Application for Consent Orders (that includes parenting orders) on or after 6 May 2024 where that application was filed on an earlier date, the new laws will apply.
Parties should seek legal advice about their proposed Consent Orders and how the new laws apply. If the orders sought, or the information provided to the Court, requires updating in light of the changes to the Family Law Act, additional information can be provided to the Court by way of affidavit or a jointly signed minute of orders sought.
| Form | New version number | Description of change |
|---|---|---|
| Annexure to Proposed Consent Parenting Order (Current Case) | 0524 V1 | A new Part D has been added which is required to be completed if final parenting orders are sought and an Independent Children’s Lawyer is appointed. |
| Application – Contravention | 0524 V1 | The form has been rewritten and restructured to ensure that all relevant information for a contravention application is captured by a question, including instructions for the affidavit that needs to be filed with the Application. |
| Application ‒ Enforcement* | 0524 V1 | The form has been amended to remove references to the enforcement of parenting orders. |
| Certificate of Readiness | 0524 V1 | The form includes more questions to assist with readying a matter for final hearing, including with respect to the issues to be determined, the final orders sought, and procedural information such as the duration of the hearing, proposed witnesses, and whether an interpreter is required. |
| Confidential Case Outline Document (Dispute Resolution) | 0524 V1 | Minor rewording of the ‘current arrangements’ question and the ‘domestic and family violence’ question. |
| Consent Orders Kit* | 0524 V1 |
The instruction pages have been updated to refer to the new sections of the parenting framework. Questions have been added as follows: Q10A – regarding leave to proceed out of time if financial orders are sought more than 12 months after divorce/2 years after separation. Q14 and Q14A – regarding parental responsibility and who a child will spend time with. Q25 – how the proposed orders address risk and promote safety Statement of Truth – for financial orders, a checkbox to ensure that proof of correspondence with a superannuation fund and evidence of the current account value has been filed. |
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which includes:
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0524 V1 Forms have individual version numbers |
Minor updates to instruction text only, including removal of gendered language and updates to instructions on the Acknowledgment of Service and Affidavit Proving Signature. |
| Notice of child abuse, family violence or risk | 0524 V1 | Updates to definitions in instruction pages only. |
| Outline of Case Document (Final Hearing) | 0524 V1 | Part C of the form has been amended to refer to the new concept of joint decision making about major long-term issues, and the new section 60CC (best interests) factors. |
| Subpoena in an arbitration | 0524 V1 | Update to definition of ‘child welfare record’ in notes pages only. |
| Subpoena - Family Law | 0524 V1 | Update to definition of ‘child welfare record’ and inclusion of the restriction on requesting the issue of a subpoena to a child welfare agency or police in the notes pages only. |
| Warrant of arrest* | 0524 V1 | Update to Family Law Act and Family Law rules parts and section references. |
| Certificate of Dispute Resolution* | 0524 V1 | Update to reference the Family Law rules. |
The Courts have also grouped together changes to the below forms which are not related to the Family Law Act Amendments. Copies of the new forms are hyperlinked below. They should be filed on or after 6 May 2024.
| Form | New version number | Description of changes |
|---|---|---|
| Bankruptcy – Apprehension Warrant | 0921 V2 | Minor wording changes from Her Majesty to His Majesty |
| Bankruptcy – Arrest Warrant | 0921 V2 | Minor wording changes from Her Majesty to His Majesty |
| Bond* | 0921 V2 | Minor changes to references to the Family Law Act and the addition of an information notice |
| Notice of Address for service | 0623 V2 | Amendments to Part A to accommodate an organisation as a party as well as an individual |
| Notice of ceasing to act | 0921 V2 | Addition of a Note at Q4 |
| Undertaking as to disclosure | 0921 V3 | Space has been added for the undertaking to be signed and then dated |
| Request to attend by electronic communication | 0921 V2 | Updates to instruction text only |
| Application for sealed copy of orders | 0921 V2 | Minor updates to contact details. |
| Credit card payment form | 0921 V4 | Minor updates to contact details. |
| Natural Disaster Replacement Document Request | 0921 V2 | Minor updates to instruction text. |
FAQ
Why have the forms changed?
Some court forms have changed because they asked questions that referred to concepts in the Family Law Act that have been removed or changed because of the Family Law Act Amendments.
Other forms have been changed to update instructions or remove outdated wording or instructions that are no longer relevant.
When do I have to use the new version of the forms?
You should use the new forms if you need to file one of the forms listed in the tables above after 4:30pm on 3 May 2024.
There is a grace period for use of the old forms until 4:30pm (close of filing) on 7 June 2024 for all of the amended forms except for the:
- Annexure to Proposed Consent Parenting Order (Current Case)
- Application – Contravention
- Application – Enforcement, and
- Application for Consent Orders if parenting orders are sought.
Where can I view the amended forms?
Each form is hyperlinked in the first column of the tables on this page. If you click the hyperlink, the form should open in Microsoft Word.
After 4:30pm on 3 May 2024, each form will be available from the Forms page.
*Note: since this update was originally published on 23 April and up to 2 May, forms with * have been changed or amended.
