Practice and procedure update: Family law form amendments
The Chief Justice has approved updates to four family law forms; Notice of Address for Service, Notice of Ceasing to Act, Subpoena – family law and Proposed Consent orders template
The Chief Justice has approved updates to four family law forms; Notice of Address for Service, Notice of Ceasing to Act, Subpoena – family law and Proposed Consent orders template
The Court seeks to draw several matters to the attention of arbitrators and practitioners seeking to register arbitral awards
Update regarding urgent Initiating Application cannot be eFiled through the Commonwealth Courts Portal currently without all of the documents set out in paragraph 2.5 of the Family Law Practice Direction: Parenting Proceedings and paragraph 2.6 of the Family Law Practice Direction: Financial Proceedings being filed.
With today’s commencement of the Family Law Amendment Act 2023 and the Family Law (Information Sharing) Act 2023, amendments have taken effect to four practice directions: Central Practice Direction: Family Law Case Management, Family Law Practice Direction: Parenting Proceedings, Family Law Practice Direction: Financial Proceedings and Family Law Practice Direction: Critical Incident List. In addition, the COVID-19 List Practice Direction has been revoked.
Today the Courts are providing an update in relation to amendments to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Family Law Rules).
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.
Changes to the Family Law Act due to the commencement of the Family Law Amendment Act 2023 and Family Law Amendment (Information Sharing) Act 2023 commence on 6 May 2024.
The Courts have responded to feedback and family law judgments and Court Children’s Services reports released from 11 December 2023 will be accessible from the Commonwealth Courts Portal (CCP). This will improve the accessibility of these documents and security of distribution.
This update provides important information about Applications for Review filed after 24 November 2023 in family law.
Lighthouse and the associated bespoke case management for high risk matters focuses on the safety of children and their families by identifying and addressing issues of family violence and other risks.
Update 2 on the expansion of Priority Property Pool Cases including a flow chart which summarises how Initiating Applications seeking financial orders will be considered by the Court from the point of filing.
As a result of the sustained success of the highly successful Priority Property Pool under $500,000 Pilot (PPP500), the Courts have received funding from the Commonwealth Government to expand the initiative to all filing registries. The criteria for inclusion as a PPP Case has also been expanded to afford a greater number of parties access to this case management model from 30 October 2023.
The Courts continue to see a high uptake in parties completing the risk screen, with 50% of parties completing the risk screen within 48 hours of receiving the invitation to do so. This impressive response rate means that the Courts’ specialised Lighthouse team are able to provide early service information and support after the filing of a party’s Initiating Application or Response.
This week the Courts have published the updated Family Violence Plan and Family Violence Best Practice Principles.
Both documents have been updated on the advice of the Courts’ Family Violence Committee. They set out the Courts’ commitment to identifying and managing family violence, the actions the Courts will take, and practical guidance to assist court users, legal practitioners and other stakeholders to understand how family violence is managed by the Courts.
The Family Violence Plan refines and updates the last plan issued in 2019. The Best Practice Principles are the 5th iteration, having first been published in 2009.
The Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) are pleased to advise that in response to feedback from the profession, and as part of the Courts’ commitment to modernising court processes, we are introducing eFiling for family law 'Requests to issue a subpoena'. Initially, eFiling will only be available for subpoenas seeking the production of documents where there is an ongoing family law final orders application.
The Courts acknowledge the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. We pay our respects to the people, the cultures and the elders, past, present and emerging.