as at May 2025
Introduction
1. This guide addresses how to appropriately communicate with the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2).
2. This guide covers how to communicate with chambers staff (Part A), Court Children’s Services (Part B) and registry and other Court staff (Part C).
3. This guide should be read subject to any relevant order or direction given by the Court. This guide should also be read together with the applicable Central Practice Direction and the practice direction/s for the practice area relevant to the proceeding.
4. Where applicable, and where the context allows, references in this guide to a “party” or “parties” should be read to include any person communicating with the Court (or with others) on behalf of a party, including a party's legal representatives (practitioners).
5. At all times, parties are expected to communicate courteously with each other, the Court, and all Court staff.
6. Procedural enquires should generally be directed to registry staff (see Contact Us and Enquiries Hub).
A. Communicating with chambers
7. The Chambers of a Judge may include a Judge's Associate, Legal Associate or Deputy Associate, and any other person who may work with the judge in chambers from time to time.
8. The Chambers of a Senior Judicial Registrar may include an Associate, Legal Case Manager, or a Case Manager.
9. The Chambers of a Judicial Registrar or chambers of a Deputy Registrar may include a Legal Case Manager, a Case Manager, or other support staff.
10. Chambers staff assist the judicial officer in court and in chambers on legal, case management and administrative matters and by acting as an intermediary between parties and the judicial officer.
11. Any necessary communication with the Court should be done with the consent of all the parties, in writing (preferably email) and with all parties copied into the communication. This includes an Independent Children’s Lawyer (if appointed).
12. A party to a proceeding who is legally represented should not contact chambers directly. Their legal representative should contact chambers on their behalf.
13. Practitioners and parties are not permitted to contact a judicial officer directly. However, they may communicate with the chambers staff of the presiding judicial officer in the following situations:
- if the parties reach agreement and draft consent orders at any point during the proceeding, either party may email the chambers of the judicial officer the case is docketed to and request that the proposed consent orders be considered in chambers, without the need for another Court event;
- where leave has been granted by the judicial officer for parties to communicate directly with chambers in relation to a specific issue;
- if a party wishes to seek an adjournment of an upcoming Court date. A party must firstly raise the request with the other party/parties and may then email any joint request for an adjournment to the chambers of the Judge or Registrar for their consideration; or
- if the matter is in Court that day, before the matter commences or during an adjournment, to notify chambers staff of the status of the matter.
14. Court staff (including chambers staff) cannot provide legal advice. They can only provide procedural information or refer to services that may be able to assist.
What to consider when contacting chambers staff
15. Parties and practitioners should only communicate with chambers where it is necessary and appropriate.
16. In deciding whether a communication is necessary and appropriate, parties should consider whether the communication is consistent with the overarching purpose in the Federal Circuit and Family Court of Australia Act 2021 and, in family law proceedings, the Core Principles in the Central Practice Direction – Family Law Case Management.
17. Before contacting chambers, the parties or their legal representatives should agree that it is appropriate to contact chambers and/or the issue cannot be resolved without the presiding judicial officer. For this purpose, a party/legal practitioner should always contact the other parties in the case, or their legal practitioner (if represented), before contacting the Court, explaining the reasons for the communication.
18. In urgent circumstances or where the other party’s consent is not able to be achieved within a reasonable period of time, any email to chambers should include all other parties, or their legal practitioner (if represented). Chambers staff may not respond to an email unless all parties are copied into the correspondence.
19. Unless in exceptional circumstances, parties and practitioners should only communicate with chambers staff by email.
Inappropriate communications with chambers
20. All communication with chambers should be courteous and respectful. The Court will not respond to correspondence containing threats or abusive or offensive language. Correspondence that is abusive, threatening or offensive may be referred to the relevant authorities.
21. The following list provides some examples of communication with chambers which may be considered inappropriate (depending on the particular circumstances):
- attempting to contact a judge directly about a matter for which the judge is responsible outside of a court hearing, or otherwise attempting to gain an unfair advantage or inappropriately influence the conduct of the proceeding;
- seeking advice on matters relating to the Court's rules or whether a certain court document will be accepted for filing;
- unilateral communications, other than in relation to ex parte applications, particularly in relation to substantive issues in the litigation;
- irrelevant or unnecessarily burdensome communications, for example, copying chambers into email correspondence between the parties which does not require the Court's knowledge or involvement;
- communications that are scandalous or vexatious;
- sending to chambers, or copying chambers into, emails that disclose “without prejudice” communications.
22. Parties should bear in mind that, in certain circumstances, inappropriate conduct towards the Court which disrupts the Court from carrying out the administration of justice may constitute a contempt of court.
Migration matters
23. Until such time as a migration matter is docketed to a Judge, correspondence with the Court should be directed to the National Migration Team: migrationteam@fedcourt.gov.au.
24. Once a matter is docketed to a Judge, or if the matter is being dealt with by a Registrar of the National Migration Team, the same principles described above apply.
Exceptions
25. With the exception of clauses 15 and 16, Part A of these guidelines are not intended to apply to communications with a registrar acting in the role of Duty Registrar, in the context of a dispute resolution event, or in relation to an ex parte application.
B. Communicating with Court Children’s Services (CCS)
26. CCS is staffed by psychologists and social workers who have specialist expertise in the needs of children in families that are separated. Their role is to assist parents and the Courts to make decisions about arrangements that are in the best interests of the children in family law proceedings. For further information about CCS see: Court Children's Service.
27. After an interview has occurred, a party or a practitioner should not seek to contact the family consultant (whether a Court Child Expert or a Regulation 40 Family Consultant) other than to give at least 14 days’ notice of the intention to cross-examine the report writer.
28. However, parties and practitioners may seek to communicate with administrative support staff in the following circumstances:
- if there are concerns about safety before attending a family report interview by emailing FinalHearingReports.CCS@fcfcoa.gov.au;
- if there are concerns about safety prior to attending a child impact report interview email ChildImpactReports.CCS@fcfcoa.gov.au; or
- confirming and requesting CCS appointment details, including but not limited to interpreter arrangements and electronic attendance, using the above email addresses.
29. All communication with CCS should be courteous and respectful. The Court will not respond to correspondence containing threats or abusive or offensive language. Correspondence that is abusive, threatening or offensive may be referred to the relevant authorities.
C. Communicating with Registry and other court staff
30. There is a variety of staff employed within the Courts to carry out administrative and other functions of the Courts. Such staff includes, but is not limited to, client services staff and their managers (“registry staff”).
31. In broad terms, registry staff assist litigants with administrative and procedural issues, including the processing of court documents, providing information on court fees, and dealing with general enquiries from parties, legal practitioners, and members of the public.
32. Other than when a matter comes before a judicial officer for hearing, much of the parties' contact with the Court will be through registry staff. It is therefore important for parties to understand their responsibilities towards registry staff, and the limits of what registry staff can do to assist parties in a proceeding.
Guidance
33. When communicating with registry and other court staff, parties should be mindful to refrain from any communications that could unduly influence the decision-maker or impact the litigation process inappropriately. All court staff (including all registry staff) perform an important role in the administration of the Courts’ functions, and of justice, and they must always remain impartial.
34. All parties are expected to communicate with each other, the Court, and all Court staff (including all registry staff) courteously. Rude, aggressive, or other disrespectful behaviour towards staff will not be tolerated. Parties are also expected to cooperate with any requests or directions from registry staff.
35. In general, all communications with registry staff should be limited to matters relating to the courts’ practice and procedure, court process and general enquiries. It is also important to note that registry staff are, by law, not permitted to give legal advice. Sometimes, even where information sought from registry staff is of a procedural or general nature, it may be that special circumstances preclude registry staff from providing further information (e.g., where a suppression order has been made).
Appropriate communications with Registry staff
36. Information about what court staff can and cannot do is outlined in the publication What the Federal Circuit and Family Court of Australia staff CAN and CANNOT do for clients.
37. If an enquiry is urgent or requires time critical intervention, communication should be by telephone:
- For family law matters – 1300 352 000
- For general federal law and migration matters – 1300 720 980
- For any after-hours urgent matter – 1300 352 000
38. Unless it is unsafe for a party to do so, all other enquiries should be made via Live chat or through submitting an enquiry through the Enquiries hub.
Further information
39. Parties should also consult the Court’s website at www.fcfcoa.gov.au for further information about court processes including any relevant practice directions.
