Practice and procedure update: Family law Rules

The Family Law Amendment Act 2024 (the Amendment Act) commences on 10 June 2025.

As a result, the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (the Rules) have been amended.

The amendments to the Rules have been approved by a majority of Judges and registered on the Federal Register of Legislation, with effect from 10 June 2025.

• The amendments are publicly available here: Federal Circuit and Family Court of Australia (Family Law) Amendment (2025 Measures No. 1) Rules 2025

Key changes to the Rules explained by topic in relation to the structure of the Schedules in the Amendment Act are provided below.

Please note this summary is provided for information only, and does not displace the Explanatory Statement as the authorised statement that explains the purpose and operation of the rule amendments, as required by the Legislation Act 2003.

Schedule 1 – Part 1 – Property Framework

The Rules have been updated to make consequential changes to section references (to their equivalents) in the Family Law Act 1975 (the Act) and to the phrase ‘financial or property proceedings’ (as explained below). Changes of this nature have been made to the following rules:

• Rule 1.06 – Court’s general powers of case management
• Rule 1.12 – financial or property proceedings
• Rule 2.10 – requirement to file family violence orders in certain proceedings
• Rule 3.07 – intervention by person entitled to intervene
• Rule 3.19 – death of a party
• Rule 3.20 – definitions for Bankruptcy Division
• Rule 4.01 – compliance with pre-action procedures
• Rule 4.11 – compulsory offers to settle
• Rule 6.25 – disclosure of employment information in proceedings for financial or property orders
• Schedule 4 – delegations table – Items 4.1, 4.2, 4.3, 4.4, 4.4A, 4.5.

Schedule 1 – Part 2 – principles for conducting property or other non-child related proceedings

The Rules have been updated to reflect the expansion of the principles for conducting child related proceedings to property or other non-child related proceedings.

The following changes have been made:

• Part 8.2 – Evidence – the Note to clarify that the Evidence Act 1995 applies generally to family law proceedings, but with some exceptions including in child-related proceedings, has been updated to include property or other non-child related proceedings by consent or order of the court
• Rule 8.18 (objectionable material may be struck out) – references to section 69ZT have been substituted for new section 102NL (its equivalent)
• Rule 2.03 (approved form for the purposes of section 67Z and 67ZBA) – references to paragraph 69ZQ(1)(aa) have been substituted for new paragraphs 102NH(1)(a)-(b) (its equivalent)
• Schedule 4 – delegations table – items 3.7 and 3.8 (to make a finding of fact before final orders are made; to order a party undergo a drug or alcohol screen without consent) references to section 69ZR have been substituted for new section 102NJ (its equivalent).

Schedule 1 – Part 3 – Duty of Disclosure

The Amendment Act codifies the duty of disclosure in financial or property proceedings, and places it in the Act in sections 71B (for parties to a marriage) and 90RI (for parties to a de facto relationship).

Whilst the duty of disclosure has been codified in the Act for financial or property proceedings, it has also been retained in the Rules. Cross-references to the Act have been made where necessary (including by way of Notes in the Rules).

The following changes have been made:

• Rule 1.05 – The definitions of ‘financial proceeding’, ‘property proceeding’, ‘property matter’, ‘party to a financial matter’ etc. have been aligned to use the terms financial or property matter / proceeding (a defined term in the Act).
• Rule 6.01 (general duty of disclosure) – cross-references to section 71B and 90RI have been included and changes have been made to align the wording of the duty for litigation guardians with new subsections 71B(3) and 90RI(3) of the Act (this amendment is also required to Note 2 to rule 3.13).
• Rule 6.02 (undertaking by a party) – a Note has been updated to include references to sections 71B /90RI of the Act.
• Rule 6.06 (duty of disclosure in financial or property proceedings) – subrule (1) has been deleted, this also caused consequential renumbering of the subrules;
• Rule 6.06(5) has been amended to relieve a third party of the requirement to file a financial statement or financial questionnaire.
• Schedule 1 – Pre-action procedures:
  • Clause 4 in Part 1 – references to financial or property proceedings have been updated;
  • Clause 4 in Part 2 (pre-action procedures in parenting proceedings) – now states that a party need not disclose a document or part of a document if they reasonably assert that it would disclose a protected confidence that is likely to cause harm to a party or child;
• Schedule 4 – delegations table
  • New item 24.5 section 102BC – power has been delegated to Senior Judicial Registrars where the proceeding is being heard and determined by a Senior Judicial Registrar;
  • New item 24.6 section 102BD – power has been delegated to Registrars.

Schedule 1 – Part 3 – Arbitration

The following changes have been made to the Rules:

• Rule 1.05 (definition of arbitration) – the pinpoint reference to subsection 10L(1) of the Act has been updated
• Rule 1.26 and Rule 1.27  – have been consolidated into Rule 1.26 (referral of question of law or other matters by an arbitrator):
  • Rule 1.26 previously dealt with referrals of questions of law by an arbitrator
  • Rule 1.27 previously dealt with other referrals by an arbitrator, mostly arising out of the Regulations (costs of arbitrations, suspension of arbitrations for failure to comply with directions, and termination for lack of capacity).
  • These matters have now been consolidated under rule 1.26.
• Rule 1.27 (application for orders in relation to arbitration) – has been repurposed to set out how an application seeking orders under new section 13F of the Act, which allows a party or arbitrator to seek orders to facilitate an arbitration. Rule 1.30 has had an amendment for consistency
• Rule 1.29 (registration of awards made in arbitration) – The rule has been amended to reflect that the arbitrator’s reasons must be attached in an application to register the award.

Schedule 3 – Part 1A – Removing the requirement for counselling with applications for divorce filed within 2 years’ of marriage, and attendance at divorce hearings (Schedule 3 – Part 2)

The amendments to the Act removes the requirement for a party to attend marriage counselling and file a certificate if they were married within two years of the date of filing for divorce.

• Schedule 4 - delegations table - item 1.2 has been deleted (subsection 44(1C) of the Act – to give leave for an application for divorce to be filed within 2 years after the date of marriage).

Subsection 98A(2) of the Act requires the Rules to ‘provide’ when the court may determine the application for divorce in the absence of the parties.

• Rule 15.15 now provides that the proceedings be determined without the attendance of the parties where it is a joint application, or where it is a sole application and neither party has requested to attend the hearing.

Schedule 3 – Part 1 – Attending family dispute resolution before applying for Part VII order

The following changes have been made to the Rules to align with the new requirements of section 60I of the Act:

• Rule 2.24 (rejection of documents) – the reference in the Note has been updated
• Rule 4.01 (requirement before applying orders) – a new exemption from complying with pre-action procedures in proceedings that involve a child under surrogacy arrangement where there is either no respondent seeking different orders, or all parties consent to the orders has been added under new paragraph 2(e)
• Rule 4.02 (requirement to file a certificate with an application for parenting order) – language updated to use term ‘exemption’
• Rule 14.04 (application of part 14.3 dealing with Review of exercise of power by registrars) – because section 60I inserts a standalone review power for the decision not to grant an exemption from filing a section 60I certificate, the rule clarifies (by way of note) that the same review procedure already contained in the rules for the exercise of other power by Registrars applies to the exercise of power under section 60I
• Schedule 1 Part 2 parenting pre-action procedures – amendment to subsection 1(9) to clarify that a party needs to seek that an exemption, rather than presuming that it does apply
• Schedule 4 – Delegations table – the section reference (to its equivalent) has been updated in Item 21.4, and Item 21.5 has been deleted.

Schedule 3 – Part 5 – Protecting sensitive information

New Division 1B in Part XI ‘Procedure and Evidence’ of the Act inserts a new regime for protecting sensitive information. This effects disclosure obligations, including the subpoena processes. Attendees at Court are encouraged to look closely at the relevant rule amendments.

The following changes have been made to the Rules:

• Rule 1.05 – new definitions for ‘protected confidence’ and ‘protected confider’, as defined in new section 102BA of the Act have been added
• Rule 6.03 (Duty of disclosure – documents) – a Note that a document must not be disclosed if the court has made an order pursuant to section 102BD in relation to the document that it not be disclosed has been added
• Rule 6.05 (duty of disclosure – parenting proceedings) – a Note that a document must not be disclosed if the court has made an order pursuant to section 102BD in relation to the document that it not be disclosed has been added
• Rule 6.15 (documents that need not be produced) – new subrule 6.15(3) states that despite the duty of disclosure and the obligations under this Part of the Rules, if an order has been made by the court that producing a document would disclose a protected confidence, it must not be produced
• Rule 6.23 (answering specific questions) – a Note that a party may object to answering a specific question on the basis that would disclose a protected confidence has been added
• Rule 6.27 (issue of subpoena) – a new subrule (2A) has been added include that a party or Independent Children’s Lawyer must not request the issue of a subpoena to produce a document if the court has made an order pursuant to section 102BD that production of the document would disclose a protected confidence
• Rule 6.38 (objection to production or inspection or copying of a subpoenaed document) – this rule has been amended to allow a party to inspect their medical records or other document containing a protected confidence in order to decide whether to object to their inspection or copying by another party
• Rule 6.39 (subpoena for production of documents or things) – new subrule 6.39(4) has been added to clarify that if a person is served with a subpoena to produce a document, they must not produce it if an order has been made by the court that the production of that document would disclose a protected confidence
• Rule 6.41 – a note has been added to clarify that person does not have to comply with a subpoena to produce a document or a part of a document where an order has been made pursuant to section 102BD not to produce that document or part of a document
• New Division 6.5.5 – protecting sensitive information, has been inserted and contains new Rule 6.43 (Applications relating to protected confidences):
  • The new rule sets out how a person can apply for an order pursuant to section 102BD that a document not be produced, inspected or copied, being by filing an application for an interlocutory order (either as part of an Initiating Application or as a standalone Application in a Proceeding) supported by an affidavit.
  • The rule also states that if a document has been produced in compliance with a subpoena, but a party or other interested person seeks to object to its inspection or copying, that is done in accordance with the established objection process under rule 6.38.

Schedule 4 – Part 1 – Costs orders

The amendments to the Act place all of the court’s costs powers in their own part, which is Part XIVC titled ‘Costs’. The majority of the amendments to the Rules are consequential section reference changes from e.g. section 117 to new section 114UB.

The following changes have been made to the Rules:

• Rules 4.06 and 4.11 (offers to settle) – the section references from paragraph 117(2A)(f) has been substituted for 114UB(3)(f) (its equivalent)
• Rule 7.23 (consequences of non-compliance for an expert witness) – the section reference from subsection 117(2) has been substituted for 114UB(2) (its equivalent)
• Rules 12.13 and 12.17 (order for costs; method of calculating costs) – Notes with new section references where the Rules have been codified in the Act have been added
• Schedule 4 – Delegations Table – Items 12.1 – 12.4, section references from section 117 have been substituted for section 114UB.

Litigation Guardians

The amendments to the Act insert definitions of litigation guardian and manager of the affairs of a party into the Act. These terms were previously defined in the Rules.

• Consequential changes have been made to the definitions in rule 1.05, rule 3.14 and rule 3.15.

Amendments required given the new Family Law Regulations 2024

The Family Law Regulations 2024 commenced on 1 April 2025 and replaced the 1984 Regulations. This resulted in a significant amount of restructuring and renumbering of the Regulations and therefore the Rules have been amended to reflect this.

The following changes have been made to the Rules:

• Rule 1.05 – the definition of Family Law Regulation has been updated to substitute reference to 1984 and update to 2024
• Rule 1.05 – the definition of child welfare record required section 123CBA to be substituted with section 53 (its equivalent)
• Rule 1.10 (surrogacy proceedings) – section 21M was substituted for section 68 (its equivalent)
• Rule 1.13 (Child support and child maintenance proceedings) – Part III and IV were substituted for subdivision B and C of Division 9 of Part 7 and Divisions 4 and 5 of Part 10 (the equivalents)
• Rule 1.26 (referral of questions of law or other matters by an arbitrator) – references to paragraphs 67H(3)(b), 67K(b) were substituted for paragraphs 31(b) and 67L(1)(b) was substituted for paragraph 32(1)(b) (the equivalents)
• Rule 1.28 (informing the court about awards made in arbitration) – reference to 67P(4)(b) was substituted for 36(4)(b) (its equivalent)
• Rule 1.29 (Registration of awards made in arbitration) – reference to paragraph 62Q(2) was substituted for 37(3) (its equivalent)
• Rule 2.49 (serving documents in other countries) – reference to Part IIAB was substituted for Division 2 of Part 10 and 11AC was substituted for Division 3 of Part 10 (its equivalent)
• Rule 11.63 (Application of Division 11.2.1) – reference to section 17 was substituted for 75 (its equivalent)
• Schedule 4 – Delegations Table – Part 38 (Family Law Regulations) – reference to 4(1) was substituted for 15(1) in item 38.1, section 5 for 16 in item 38.2, paragraph 6(1)(a) for 17(a) in item 38.3 and subsection 23(6) for 72(3) in item 38.4 (the equivalents)

Other amendments to the Rules

• Chapter 13 – Appeals – The rules relating to the procedure for single Judge appeals and Full Court appeals have been combined under Part 13.3 of the Rules, and Part 13.4 has been removed. Additionally:
  • Rule 13.18 (orders to be made at procedural hearing) – new subrule (3) has been inserted so that the Appeal Judicial Registrar or other Judicial Registrar conducting a procedural hearing can make orders in chambers
  • Rule 13.40 (Review of Appeal Judicial Registrar’s order) – the rule has been amended to add new subrule (3) so that there is no requirement that a party applying for a review of an Appeal Judicial Registrar’s (AJR) order relating to the conduct of an appeal or rejection of a document by an AJR to be supported by an affidavit.
• Child Support Proceedings and the Administrative Review Tribunal Act
  • section 44AAA of the Administrative Appeal Tribunal Act 1975 was repealed and the appeal provision has been relocated into the Child Support (Registration and Collection Act) 1988. Consequently, child support appeals previously heard in the administrative law jurisdiction of the FCFCOA (Division 2), now meet the definition of ‘family law or child support proceeding’ in section 132 of the Federal Circuit and Family Court of Australia Act 2021.
  • Consequential changes were required to rule 1.05, rule 1.13 and rule 13.01
• Rule 2.01 (Application forms to be filed) – a new subrule (7) has been inserted so that a party to a proceeding must file any subsequent proceeding or application between the parties using the same court file number, aside from an appeal, unless the court directs otherwise.
• Costs schedules – all amounts in the Costs schedules have been updated in line with the recommendations of the Joint Costs Advisory Committee.

Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021

Minor amendments to the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021, which adopt the Family Law Rules for use, have also been registered from 4 June 2025 and come into effect 10 June 2025.

• The amendments are publicly available here: Federal Circuit and Family Court of Australia (Division 2) (Family Law) Amendment (2025 Measures No. 1) Rules 2025