Suggestions from TFLB on how to adapt to the Family Law Amendment Act 2023
Final hearings for proceedings filed now will be determined under the new legislation. Therefore, practitioners should be drafting their client’s court material considering the new legislation. TFLB Ready Reckoner is available to subscribers of The Family Law Book and may be downloaded by subscribers from our website. The key matters (and its case law) will arguably still be relevant, so:
- reframe the former presumption of equal shared parental responsibility as joint decision-making on major long-term issues.
- while “equal time” is gone, equal or week about time will still be sought by many (and will still apply under existing orders).
- prepare for interim hearings being guided not by Goode but by Cowling (a settled status quo).
- despite the number of s 60CC factors shrinking, the key factors (and their case law) are still essentially arguable.
TFLB Ready reckoner summarising changes to the Family Law Act
The Family Law Book has published a ready reckoner summarising the primary changes commencing 6 May 2024 in accordance with the Family Law Amendment Act 2023.
In summary, the changes are:
- Change of ‘equal shared parental responsibility’ to ‘joint decision making’.
- Clarification that if a ‘joint decision making’ order is made, it obliges consultation and a genuine effort to agree as to long term decisions – but there is no requirement that the decision be made jointly.
- The elimination of the presumption of equal shared parental responsibility, its rebuttal and the “Goode pathway”.
- A change to “best interests”, in that: a) the Primary and Additional considerations structure (and any priority of considerations) are no more; b) “meaningful relationship” no longer appears; and a “promotion of safety” seems broader than the existing “need to protect the child from physical or psychological harm”.
- Codification of Rice & Asplund.
- A revamp of the ICL provisions, including a mandatory meeting with children 5 years and over.
- Simplification of contravention provisions and penalties.
- The addition of a “harmful proceedings order” to the vexatious litigant provisions.
- A revamp of section 121/publication restrictions.
The Ready Reckoner is available to subscribers of The Family Law Book.
The Family Law Book hardcopy, Ebook and precedents will be updated in April to reflect the upcoming changes and will continue to be updated as further direction is provided by the FCFCOA.
E-filing for subpoenas for production only in family law
The FCFCA are introducing eFiling for family law ‘Requests to issue a subpoena’. E-Filing will only be available for subpoenas seeking the production of documents where there is an ongoing family law final orders application.
Form changes from 1 July 2023
The FCFCA has made a number of changes to court forms as follows:
– a new affidavit form Affidavit – Family law and child support proceedings to replace the existing affidavit form.
– the Notice of address for service has been updated to include an additional question in Part B, ‘Are you giving notice of a change of legal representation?’
– Part B of the Affidavit: Translation of Marriage Certificate has been updated to clarify that the translator is NAATI accredited.
– the reference to physically attaching the Counselling certificate for applicants married less than 2 year to the application for divorce has been removed.
– the Application for consent orders instruction pages have been updated. The order of the table at question 21 has been amended and the eFiling tick box at the bottom of each statement of truth has been removed. All consent orders must be signed, then scanned and eFiled.
A grace period for the use of the old forms will extend until close of filing on Friday 29 September 2023.
Court fees to increase on 1 July 2023
For the new fees from 1 July:
– in the FCFCA, see the following link.
– in the Family Court of Western Australia, see the following link.
These new fees will also be available at our online “forms and precedents” via keyword search for “court fees” and will be included in the June quarter update of our Book.
FCFCA statement responds to the ABC Report: “False witness”
The FCFCA has released a statement responding to the ABC Report: “False witness”, confirming that the psychologist who was subject of the ABC’s article was in private practice, not employed by the Court and that experts engaged as family consultants are subject to comprehensive clinical governance.
FCFCA Update to the profession – Lighthouse Expansion
A new Update to the Profession has been released focussing on the key benefits of screening, providing frequently asked questions and answers the Courts have received, and advising where to go for further information, resources and training.
Release of draft Family Law Amendment Bill 2023
The Attorney General’s department has released the draft Family Law Amendment Bill 2023 and a consultation paper. The Bill will primarily amend the Family Law Act 1975 (Cth), with some consequential amendments to the Federal Circuit and Family Court of Australia Act 2021 (Cth). Submissions close on 27 February 2023.
FCFCA Rules amended to dispense with the filing of Questionnaires with every Initiating Application
On 28 November 2022, the FCFCA Rules were amended so as to dispense with the requirement to contemporaneously file Questionnaires together with Initiating Applications, in the event that an Affidavit is to be filed together with the Initiating Application.
In most cases, this will mean that a:
i. Parenting Questionnaire; and/or
ii. Financial Questionnaire;
will no longer need to be filed together with the Initiating Application, if interim Orders are sought (as an Affidavit is to be filed in support of any interim relief sought).
The Court’s Update to the Profession (detailing the changes) is here.
Changes to TFLB’s procedure pages will be made as part of our next quarterly update.
Special Measures Information Notice – Hearing Protocol
The Chief Justice has issued the Special Measures Information Notice – Hearing Protocol to replace the Special Measures Information Notice – COVID-19 Hearing Protocol, with effect from Monday, 7 November 2022.
The Notice sets out how the Courts will continue to utilise both in-person and electronic hearings, as well as the arrangements for dispute resolution and Court Children’s Service events. It also specifies the COVIDSafe measures that continue to apply.
Expansion of the Lighthouse Model
From 28 November 2022 the FCFCA will make further changes to expand the Lighthouse model nationally. This will include the expansion of the model from the three pilot registries to 15 family law registries nationally. Parties filing an eligible Initiating Application or Response, will be asked to complete a risk screen via a confidential and secure online platform.
See the Lighthouse expansion fact sheet for more information.
De facto superannuation splitting in Western Australia
From 28 September 2022, de facto couples are able to apply to the Family Court of WA for superannuation splitting orders.
FCFCA Application for Consent Orders form updated
The Court has updated the Application for Consent Orders form and the Annexure to Proposed Consent Orders document.
A link to the new forms are below:
Application for Consent Orders – link
Annexure to Proposed Consent Orders – link
Click here to read the Court’s ‘Update to the profession’ explaining the changes. Live links are being added to the e-book.
FCFCA Subpoena form updated
The FCFCA Subpoena form has been updated and the new version is now available online. A grace period for accepting the previous version applies until 31 October 2022.
A new flow chart, Leave requirements for subpoenas in family law proceedings, has also been published.
Update to FCFCA Practice Direction: Child support and child maintenance proceedings
The Practice Direction has been amended in relation to circumstances where parties propose that an order be made by consent, the effect of which is to set aside or vary an order of the decision of the Commonwealth Administrative Appeals Tribunal or any other tribunal established under a law of the Commonwealth. See items 6.1 – 6.3 of the Practice Direction.
Visibility of superannuation for property settlement proceedings
Parties in a current proceeding seeking financial/property orders in the Federal Circuit and Family Court of Australia, can apply directly to the Court to request superannuation information held by the Commissioner of Taxation. The application is made via the Superannuation Information Request form online using the Commonwealth Courts Portal.
New process for requesting superannuation information from the ATO
The Treasury Laws Amendment (2021 Measures No. 6) Bill 2021 provides for a party to family law proceedings to apply to the FCFCA to request information from the ATO about the superannuation of their former partner. From 1 April 2022, applications are to be made via the FCFCA Registry to the ATO via a prescribed form, pursuant to a new section 90XZJ of the Family Law Act. TFLB precedents and commentary will be updated once the prescribed form is published.
Update to FCFCA Special Measures Information Notice: COVID-19 Hearing protocol
The FCFCA has updated its Covid-19 Hearing Protocol to reflect the current COVID-19 situation around Australia.
End of year school holiday period application deadline
The Federal Circuit and Family Court of Australia have issued the following reminder to practitioners as to this year’s school holiday period application deadline.
A link to the Court’s reminder is here.
Applications for an interim parenting order that relates to the school holiday period beginning in December 2021, must be filed by 4pm Friday, 12 November 2021. Applications filed after that date risk a listing date that falls after Christmas.
Launch of Major Complex Financial Proceedings List Pilot for financial cases in family law
The FCFCA has launched a Major Complex Financial Proceedings List commencing 1 October 2021 to more efficiently deal with commercially complex financial family law cases. The new List will manage family law matters involving complex financial disputes where the value of net asset pool is over $20 million. The List will operate as a pilot program in the Melbourne, Sydney and Brisbane registries of the Court.
Update to The Family Law Book – FCFCA
The Federal Circuit and Family Court of Australia (FCFCA) commenced on 1 September 2021. The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 and other rules commenced on the same day. The FCFCA has published a suite of new court forms and practice directions to reflect the changes brought about by the new Court and Rules.
Our online precedents, brochures and forms have now been updated to reflect the changes. We are in the process of updating our eBook, precedents and forms where required. Please anticipate further notice of these updates when they have been completed. The Court has advised that a 90 day grace period will be given for old forms.
Federal Circuit and Family Court of Australia Rules of Court
The new Rules of the Federal Circuit and Family Court of Australia (FCFCOA) have been published on the court website. The new Rules apply to all new proceedings from 1 September 2021, and all existing proceedings not finally determined before 1 September.
New family law rules for Western Australia
As from 23 August 2021 the Family Court Rules 2021 will come into operation.
These rules will apply to the federal and non-federal jurisdictions of the Family Court of Western Australia and the Magistrates Court throughout Western Australia in relation to matters contained in the rules.
Updates to the profession: Commencement of the new Federal Circuit and Family Court of Australia
The Family Court and Federal Circuit Court have released a series of updates to the profession on the new FCFCOA commencing on 1 September 2021.
Court fees increase from 1 July 2021
The new fees brochure is available to subscribers at our online members’ Practice News
Joint Practice Direction No. 1 of 2021
The Courts have released a new practice direction – Joint Practice Direction No. 1 of 2021 – The COVID-19 List
Family Court of Western Australia – non applicability of recent amendments to the Family Law Rules 2004
The Family Court of Western Australia has released Practice Direction 3 of 2020 in relation to recent amendments to the Family Law Rules 2004 and their non-applicability to the Family Court of Western Australia.
Family Court of Australia and Federal Circuit Court Registry Opening Hours – December 2020 – January 2021
The courts’ registry opening hours for the holiday period have been released.
Form and kit changes as a result of new Notice of Child Abuse, Family Violence or Risk
Form and kit changes that have arisen as a result of the Family Law (Notice of Child Abuse, Family Violence or Risk) Rules 2020 and the Federal Circuit Court (Notice of Child Abuse, Family Violence or Risk) Rules 2020.
Our online court forms at ‘forms & precedents’ will be updated automatically.
New Notice of Child Abuse, Family Violence or Risk form to be filed in parenting matters in both the Family Court of Australia and Federal Circuit Court
From 31 October 2020, a new Notice of Child Abuse, Family Violence or Risk form is to be used in both the Family Court of Australia and Federal Circuit Court.
The new form replaces and consolidates the previous Notice of Risk; Notice of Child Abuse, Family Violence or Risk of Family Violence (Current Case); and Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders) forms – with the new form to be universally used in both of the said Courts.
2019-20 Annual Reports for the Family Court of Australia and the Federal Circuit Court have been tabled in Parliament
The 2019-20 Annual Reports for the Family Court of Australia and the Federal Circuit Court have been tabled in Parliament. The Reports contain statistics, developments and analysis of the 2020 financial year. You can find the Reports on courts’ websites at the hyperlinks below:
Family Court of Australia here
Federal Circuit Court here
Queensland border restrictions announced 7 August 2020
The Qld government announced Border Restrictions Direction (No. 11) on 7 August 2020, item 11(c) of which says that a person who has entered a Covid-19 hotspot within the last 14 days may not enter Queensland unless it is “to fulfil a legal obligation relating to shared parenting or child contact including as part of an order or arrangement under the Child Protection Act 1999” with the relevant schedule then stating that the person “must provide evidence of a court order or legal agreement” and that entry must be via air.
For a link to the Restrictions see here.
Updated face-to-face in court protocol 12 June 2020
The Family Court of Australia and Federal Circuit Court of Australia have published the following protocol.
The Family Court of Australia (FCoA) and the Federal Circuit Court of Australia (FCC) are increasing face-to- face hearings in a staggered way over the coming months commencing Monday, 15 June 2020. This is the most appropriate way, at present, for the Courts to balance important health and safety considerations of judges, staff and the community with the need to continue providing an essential service for Australian families. This protocol is designed to reduce the risk of being in close contact with a court user who may be infectious and replaces the previous Face-to-Face in Court Protocol dated 23 March 2020.
The full text of this protocol is available for subscribers at our members’ Practice News.
DX mail service to retire on 30 June 2020
The Family Court of Australia and Federal Circuit Court will retire the DX mail service on 30 June 2020.
DX mail is a national document exchange service that provides a next day tracked delivery service between some Court locations and stakeholders who subscribe to DX mail.
A review of the service by the Courts has noted a significant decrease in its use by the profession over time. This is attributed to increased functionality and the ability to eFile court documents on the Commonwealth Courts Portal, with over 84% of all documents now received this way.
Please note that from 1 July 2020, the DX service will no longer be available and you will need to correspond with the Courts via electronic means, courier or Australia Post.
National Communication
Family Court of Australia | Federal Circuit Court of Australia
Information Notice – The National Arbitration List
DEDICATED LINK FOR ALL FUTURE NOTICES ABOUT COVID-19
The Family Court of Australia has a dedicated page for all COVID-19 related information here at – http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/online-services/covid/covid-news-hp
Use the above link for its latest posting (on 28 April 2020) as follows:
Joint Practice Direction 3 of 2020 – The COVID-19 List
A This Joint Practice Direction applies to urgent family law applications filed in the Family Court of Australia and the Federal Circuit Court (“the Courts”) which are filed as a direct result of the impact of coronavirus (COVID-19).
B This Joint Practice Direction establishes a fast-tracked, national list in each Court (“the COVID-19 List”) to allow the Courts to swiftly deal with urgent COVID-19 applications on a national basis.
C This Joint Practice Direction takes effect from the date it is issued and remains in effect until and unless superseded or revoked. Given the COVID-19 situation is still evolving, amended versions may be issued.
Family Court of Western Australia
An update released 23 March 2020 by the Chief Judge is HERE.
A second update released 23 March 2020 by the Chief Judge is HERE.
An “Update to Profession” has been issued for procedures in the Federal Circuit Court and Family Court of Australia
http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/about/news/covid-notice
The key points are:
1. Cases listed for duty lists/mentions/directions and interim hearings will be contacted by the Court with a view to the hearing proceeding via telephone. At that time, parties will be required to establish a reason for why a hearing via phone is either impracticable or that the matter is urgent and requires a face to face hearing; with such requests to be made to the case co-ordinatory via e-mail;
2. A case where no Response or Notice of Address for Service has been filed will remain listed for a face to face hearing;
3. There will be a telephone call-over for all matters listed for trial within the next 2 months, where the urgency and status of the case will be reviewed, with any matters not considered of high priority to be referred for mediation/ADR.
4. Judges are encouraged to consider asking for cases to be determined ‘on the papers’.
5. For telephone hearings, any document that has not been e-filed that is sought to be relied upon, must be e-mailed to the Judge’s chambers or case co-ordinator in a timely way, before the hearing.
6. There is now a ‘face to face hearing’ protocol, where no more than 8 people (excluding the judge and associate) are to be physically in the courtroom; it should not be expected that documents can be handed up during the hearing; and there is now a formal seating map for each party and their representative.
URGENT NEW ARRANGEMENTS FOR THE LISTING OF MATTERS IN THE FAMILY COURT OF AUSTRALIA AND FEDERAL CIRCUIT COURT OF AUSTRALIA (COVID-19)
The health and safety of the community, Judges and staff is the Courts’ priority. Therefore, due to the escalating situation regarding the coronavirus, and in anticipation of further measures likely to be announced by Government, some urgent operational arrangements will be put in place effective immediately regarding the listing of court work across the Family Court and the Federal Circuit Court. The aim of the new arrangements is to ensure that all urgent and priority matters are able to be dealt with safely by the courts, whilst at the same time, ensuring appropriate social distancing is adhered to.
Judges have been advised by the Chief Justice/Chief Judge of new arrangements, as follows:
All family law and general federal law (GFL) work
List arrangements and capping of number of people in each courtroom
Any trials or hearings that can be done by telephone should be.
Any high volume lists required to be conducted in person need to be staggered to reduce the number of people in attendance in the Registry, and the number of people to attend a courtroom at any one time (other than the judge and their support staff) is limited to 8 people (‘8 person in-court cap’). Any additional people involved in matters must remain outside the courtroom, or can appear by telephone if appropriate. All matters that can be appropriately conducted by telephone should proceed in that way.
Judge work – family law
- Summer Campaign callovers
The balance of the Sydney Federal Circuit Court callovers are to be vacated immediately and will be adjourned to a date to be fixed. Notifications have already been sent to the parties and practitioners for the matters that were listed today. Notifications will be sent to parties and practitioners today for matters listed for the rest of the week. The situation will be assessed on a regular basis, and the parties will be notified of new callover dates when that becomes possible.
The callovers in the Federal Circuit Court in Brisbane, Parramatta and Adelaide will be postponed until an appropriate time. The situation will be monitored regularly and judges, local registry staff and parties will be contacted shortly.
- Duty lists
Duty lists should be reduced to only urgent or priority matters. Assessing which matters should remain listed is a matter for each Judge based on the nature of the cases in question.
In terms of structuring the list, duty lists should be staggered throughout the day to be consistent with social distancing principles, and not exceeding the 8 person in-court cap.
- Trials and other contested hearings
Due to the nature of family law work, including child related and family violence aspects, urgent and priority hearings should remain listed, and be conducted in the safest manner possible. It may be that Judges consider conducting parts of the case by telephone where appropriate.
Non-urgent property only matters may be adjourned for an appropriate period of time, and non-urgent parenting matters will be given similar consideration. Again these matters are at the discretion of the Judge.
Any trials or hearings that can conducted by telephone or videoconference should take place in that way.
- Circuits
Circuits for the next two months are in the process of being reviewed and it may be that some matters will be adjourned or conducted by telephone. Further communications regarding circuits will be provided shortly.
- Appeals
At this stage, appeals are likely to be conducted only by videoconference or telephone where possible to reduce travel. Parties and practitioners will be contacted in the near future regarding upcoming appeal listings.
Judge work – General federal law (GFL)
Although the volume of matters is less than in family law, the same principles as noted above apply in respect of GFL matters. This includes the staggering of multiple listings and the 8 person in-court cap.
For migration matters, any matter currently listed which can be conducted appropriately by telephone or videoconference should proceed. If the matter requires a hearing in person, it should be postponed subject to the urgency of the case (e.g. detention matters).
In regard to other GFL matters, if the matter can proceed safely in person, and subject to the 8 person in-court cap, the matter may proceed at the judge’s discretion.
Official events and gatherings
All court based events, or attendances of the judiciary or court representatives at external events, will be cancelled or postponed, or conducted by telephone or videoconference if possible.
Registrar work and CDS work
A similar approach will be taken in respect of Registrar court lists and other work, and CDS work. Urgent plans are currently being developed and communications will be provided shortly.
It is also noted that Registrar migration lists have been suspended until July 2020 by the Federal Court, effective immediately.
Enquiries for parties or the profession
General enquires about the above matters should be directed, at first instance, to Michael Raine, via michael.raine@familycourt.gov.au or (08) 8219 1641.
Urgent enquiries should be directed to Chambers in the usual way.
Regards,
The Hon. Justice William Alstergren
Chief Justice Family Court of Australia
Chief Judge Federal Circuit Court of Australia
03 86004355
Family law forms updated
The Initiating Application (Family Court of Australia and Federal Circuit Court) and the Response to Initiating Application (FCA only) have been updated.
The full text of this release is available to subscribers at our online members’ Practice News.
6 August 2019
Application for Consent Orders Kit has been amended
The Family Court of Australia’s Application for Consent Orders Kit information pages have been updated as a result of the Civil Law and Justice Legislation Amendment Act 2018.
Notice to Legal Practitioners
The Family Law Amendment (2018 Measures No. 1) Rules 2018 and consequential new and amended forms came into effect on 1 March 2018. An initial grace period of three months was allowed in relation to compliance with the new forms, which was then extended for a further 6 months (until 1 January 2019). This grace period will continue to 1 February 2019 as follows.
The full text of this release is available to subscribers at our online members’ Practice News.
Commonwealth Courts Portal
Improvements to eFiling have been announced by the Commonwealth Courts Portal.
Family law registries are offering forums in November 2018 on the benefits of the next electronic filing release.
The registry manager in your state or territory will be issuing invitations to family lawyers soon for a demonstration of what’s new.
For more information see www.comcourts.gov.au
Breakthrough on super-splitting for WA de facto couples
The following is a media release by the Attorney-General the Hon Christian Porter MP dated 25 October 2018.
Separated de facto couples in Western Australia will soon be able to achieve a fair split of their superannuation assets in property settlements.
The full text of this release is available to subscribers at our online members’ Practice News.
Miscellaneous amendments to the Family Law Act
The Civil Law and Justice Legislation Amendment Act 2018 has introduced miscellaneous changes to the Family Law Act
Full details of this notice is available to subscribers at our online members’ Practice News.
Court fees to increase on 1 July 2018 (and annually in future)
The new fees brochure is available to subscribers at our online members’ Practice News
Attorney-General announces court merger
On 1 January 2019 a new Federal Circuit and Family Court of Australia (FCFCA) will be established through the amalgamation of the Family Court of Australia (Family Court) and the Federal Circuit Court of Australia (FCC). A new Family Law Appeal Division (FLAD) in the Federal Court of Australia (Federal Court) will also be established to hear all appeals in family law matters from the FCFCA (and some appeals from the Family Court of Western Australia).
Full details of this notice is available to subscribers at our online members’ Practice News.
New appointments to the Bench
This is an edited copy of a media release issued by the Attorney-General the Hon George Brandis QC on 14 December 2017
On behalf of the Government I congratulate the following judges on their appointments and thank them for their willingness to serve the people of Australia. I wish each of them well in their judicial service.
Full details of this notice is available to subscribers at our online members’ Practice News.
Update of brochure “Marriage, Families and Separation”
The prescribed brochure Marriage, families and separation has been updated to include additional contact details for Family Violence support services.
The new version is available on both the Family Court and Federal Circuit Court websites and has been updated in the Commonwealth Courts Portal.
Full details of this notice is available to subscribers at our online members’ Practice News.
New Chief Justice of the Family Court of Australia and Chief Judge of the Federal Circuit Court
Senator the Hon George Brandis QC Attorney-General and Leader of the Government in the Senate yesterday (10 October 2017) announced the appointment of the Honourable John Pascoe AC CVO, the current Chief Judge of the Federal Circuit Court as the new Chief Justice of the Family Court of Australia.
With Chief Judge Pascoe’s elevation, Mr William Alstergren QC, the current President of the Australian Bar Association, will become the new Chief Judge of the Federal Circuit Court.
Subscribers may read the complete release at our online members’ Practice News.
First comprehensive review of the Family Law Act
Senator the Hon George Brandis QC, Attorney-General and Leader of the Government in the Senate yesterday (27 September 2017) issued the following media release:
I have today commissioned the Australian Law Reform Commission (ALRC) to undertake the first comprehensive review of the family law system since the commencement of the Family Law in 1976.
This review is necessary and long overdue. Australian families and their needs have significantly evolved since the 1970s.
Subscribers may read the entire release at our online members’ Practice News.
Foreign resident capital gains withholding payments
The Family Law Section of the Law Council of Australia published the following in FLS News on 19 July 2017:
From 1 July 2016, the tax legislation has provided that purchasers of real property for $2m, or more, must withhold 10% of the purchase price and remit that sum to the Australian Taxation Office (ATO), unless the vendor can produce at settlement a “clearance certificate”.
The stated intention of this amendment was to capture capital gains tax (CGT) which was apparently not being paid by a significant number of foreign nationals who sold real estate in Australia for profits that would normally be subject to CGT.
In the May Budget, the Federal Government announced that this limit would be reduced to $750,000 from 1 July 2017. Accordingly, the purchaser of any real property for $750,000, or more, must remit 10% of the purchase price to the ATO at settlement.
However, there are two exceptions:
The rest of this notice is
available for our subscribers at our online members’ Practice News.
Family violence and cross-examination of parties
The Attorney-General, Senator the Hon George Brandis QC, has released draft legislation which will amend the Family Law Act 1975 to ensure that victims of family violence are protected from being personally cross-examined by their alleged perpetrators. A public consultation paper, which sets out the Government’s proposed approach to amending the law, has also been released.
Links to the Exposure Draft, Public Consultation Paper and media release are available for our subscribers at our online members’ Practice News.
New form for Australian subpoenas served in New Zealand
The following form and publication relating to Australian subpoenas served in New Zealand ( Trans-Tasman Proceedings Act 2010) have been published on the Family Court of Australia website. Our subscribers may read more at our online members’ Practice News.
Court orders are going digital
Notice to practitioners 31 May 2017:
As part of the Family Court of Australia and Federal Circuit Court of Australia’s commitment to the Government’s digital continuity policy the courts are changing the way court orders are accessed.
Faster access to your court orders online, anytime!
The move to completely digital court orders will be rolled out in two stages.
Subscribers may read the entire release at our online members’ Practice News.
New practice direction for the conduct of appeals
The Family Court of Australia has issued Practice Direction No. 1 of 2017 – Conduct of appeals.
CGT withholding variation for transfers worth over $2m – Marriage or relationship breakdowns
On 1 July 2016 a foreign resident capital gains tax withholding regime commenced by which transferees of all property sold for more than $2m were to remit 10% of the sale price to the ATO unless the transferor had provided a clearance certificate or a residency/interests declaration.
A complete notice is available for subscribers at our online members’ Practice News.
Amendment of Family Law Rules to take effect from 1 January 2017
The Family Law Amendment (2016 Measures No.1) Rules 2016 have been signed by a majority of judges and have been registered.
An edited version of its media release is available for subscribers at our online members’ Practice News.
Family law system initiatives
The Australian Government this month (October 2016) announced initiatives to improve the family law system and outcomes for Australian families.
An edited version of its media release is available for subscribers at our online members’ Practice News.
Marriage Amendment (Same-Sex Marriage) Bill – Exposure Draft
The following is an edited copy of a media release yesterday (10 October 2016) by the Attorney-General, Senator the Hon George Brandis QC.
An Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill has been released which will form the basis for ongoing consultation should the same-sex marriage plebiscite go ahead.
The key features of the Exposure Draft are set out in an edited copy of the release available to subscribers at our online members’ Practice News.
Withholding tax regime to apply from 1 July 2016
The Tax and Superannuation Laws Amendment (2015 Measures No. 6) Act 2016 (Cth) amends Schedule 1 of the Taxation Administration Act 1953 (Cth) by adding at the end of Division 14 Subdivision 14-D – Capital proceeds involving foreign residents and taxable Australian property.
The following is a copy of a notice published by the Australian Taxation Office:
The full text of this release is available to subscribers at our online members’ Practice News.
Proposed amendments to the Family Law Act
The Family Law Amendment (Financial Agreements and Other Measures) Bill 2015 is again before Parliament.
The full text of this release is available to subscribers at our online members’ Practice News.
eDivorce
The following is an edited copy of an announcement made by the family law courts (Family Court of Australia and the FCC) on 15 June 2016:
The family law courts have moved to a completely electronic divorce file by means of eFiling using the interactive online form in the Commonwealth Courts Portal (see link below).
The full text of this release is available to subscribers at our online members’ Practice News.
Biennial
increase to court fees from 1 July 2016
The full text of this release is available to subscribers at our online members’ Practice News.
New forms and publications from 1 January 2016
The Family Law Amendment (Arbitration and Other Measures) Rules 2015 have been signed by a majority of judges and are now registered.
The following forms and publications have changed and are now available on the website www.familycourt.gov.au:
The full text of this release is available to subscribers at our online members’ Practice News.
Increased court fees again disallowed by Senate
The full text of this release is available to subscribers at our online members’ Practice News.
New court fees from today (13 July 2015)
The fee increases which were to take effect on 1 July were disallowed in the Senate. However, new regulations have been passed to increase the fees which will take effect from today (13 July 2015).
The full text of this release is available to subscribers at our online members’ Practice News.
Court fee increases rejected by Senate
The Senate has disallowed schedule 2 of Federal Courts (Fees) Regulation 2015, meaning it ceases to have effect immediately. This means there will be no family law fee increases on 1 July 2015.
The full text of this release is available to subscribers at our online members’ Practice News.
New court fees – from 1 July 2015
For members, see “court fees” at our online “forms and precedents”.
New court websites now live
The new Family Court (www.familycourt.gov.au) and Federal Circuit Court (www.federalcircuitcourt.gov.au) websites went live on Friday (29 May 2015).
The full text of this release is available to subscribers at our online members’ Practice News.
New websites on the way for Family Court and FCC
The full text of this release (25 February 2015) is available to subscribers at our online members’ Practice News.
Six new Queensland family law service providers announced
The full text of this release (22 December 2014) is available to subscribers at our online members’ Practice News.
What’s new?
A link to new content added to the family law courts website is available for our subscribers at our online members’ Practice News.
Changes to court forms and to payments to “Collector of Public Moneys”
The full text of this release today (8 November 2014) and accompanying links to new court forms are available to subscribers at our online members’ Practice News.
Consistent use of “de facto partner” in family law forms
It has been identified that a consistent approach to referencing de facto partner within family law forms should apply.
The full text of this release today (11 September 2014) and accompanying link are available to subscribers at our online members’ Practice News.
Family Law Council report on parentage and the Family Law Act
The full text of the Attorney-General’s release today (14 August 2014) and accompanying link are available to subscribers at our online members’ Practice News.
New court fees from 1 July 2014
The full text of this notice and accompanying link are available to subscribers at our online members’ Practice News.
What’s new
Links to new content at the Family Law Courts website have been posted today (13 April 2014) at our members’ home page.
New scale of costs to apply from 1 January 2014
Schedule 3 of the Family Law Rules (’itemised scale of costs’) has been amended, effective from 1 January.
A link to the amendment is available to subscribers at our members’ home page.
What’s new
Links to new content added to the Family Law Courts website has been posted at our members’ home page.
Change to court fees
A change to court fees has been announced (22 October 2013) so as to add a fee ($95) for an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010.
Commonwealth response to Family Violence Report
Parliamentary Secretary to the Attorney-General, Shayne Neumann, yesterday (25 June 2013) announced the tabling in the Parliament of the Australian Government’s response to the report by the Australian and New South Wales Law Reform Commissions, Family Violence – A National Legal Response.
The full text of this release is available to subscribers at our online members’ Practice News.
New federal judicial complaints handling process commences
Attorney-General Mark Dreyfus QC yesterday (12 April 2013) welcomed improved processes for the handling of complaints about federal judicial officers.
An edited version of this release is available to subscribers at our online members’ Practice News.
New web tool translates family law into plain language
Plain language explanations of common family law terms will become accessible with the release of a new web-based tool.
Attorney-General Mark Dreyfus QC today (15 February 2013) launched the Family Law TermFinder, an online resource to provide Australians with accessible and authoritative translations of the most common family law terms.
The full text of this release and a link to Family Law TermFinder is available to subscribers at our online members’ Practice News.
Australia welcomes three more countries to the Hague Abduction Convention
The Hague Convention on Child Abduction comes into force today (1 February 2013) between Australia and three additional countries – Singapore, Albania and the Ukraine.
The full text of this release is available to subscribers at our online members’ Practice News.
Miscellaneous amendments to the Family Law Rules
The Family Law Amendment Rules 2012 (No. 2)
will come into effect on 1 January 2013.
A summary of the amendments and links to these rules and Explanatory Statement are available to subscribers at our online members’ Practice News.
New court fees from 1 January 2013 published today (12 December 2012).
The Family Law (Fees) Regulations 2012 will introduce, on 1 January 2013, a single legislative instrument for fees for all courts exercising family law jurisdiction.
This will see a variety of new fees introduced in the courts as well as changes to existing fees.
The full text of this notice and accompanying links are available to subscribers at our online members’ Practice News.
New proof of divorce form
This notice, for use if clients need to prove that they are divorced, was published on 27 November 2012.
To streamline the process for clients of the Family Law Courts in requesting proof of divorce, a new form has been introduced.
The full text of this notice is available to subscribers at our online members’ Practice News.
Registry opening hours December 2012 – January 2013
Albury, Alice Springs, Cairns, Canberra, Dandenong, Darwin, Dubbo, Hobart, Launceston, Lismore, Newcastle, Parramatta, Rockhampton, Townsville, Wollongong and the National Support Office will be closed from Tuesday 25 December 2012 and will re-open on Monday 7 January 2013.
During this time, phone calls to these registries will be re-directed to:
NATIONAL ENQUIRY CENTRE Phone: 1300 352 000 Email: enquiries@familylawcourts.gov.au TTY/voice calls: 133 677 (National Relay Service) Speak & Listen Calls: 1300 555 727
Adelaide, Brisbane, Sydney, Melbourne and the National Enquiry Centre will be open throughout the period with the exception of the following public holidays: Tuesday 25 December 2012, Wednesday 26 December 2012 and Tuesday 1 January 2013.
Family Violence Best Practice Principles
The third edition of the above was published on 12 October 2012 and is available at our online Members’ Archive and at our online “forms and precedents”.
Introducing the Federal Circuit Court of Australia
What we know as the Federal Magistrates Court will soon become the Federal Circuit Court of Australia, and the title of Federal Magistrate will be renamed Judge to better reflect their important role in Australia’s judicial system.
Attorney-General Nicola Roxon announced the change today (13 September 2012) as part of the Government’s ongoing court reform agenda to provide greater certainty around the responsibilities and role of each of the federal courts.
The full text of this release is available to subscribers at our online members’ Practice News.
Family Law Council to examine family surrogacy and parentage
Attorney-General Nicola Roxon today (22 June 2012) charged the Family Law Council with examining how issues of surrogacy and family formation are dealt with by the Family Law Act 1975.
The full text of this release is available to subscribers at our online members’ practice news.
Change of forms related to the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 commencing today (7 June 2012).
Details of the updated forms are available to subscribers at our online members’ practice news.
New family violence changes take effect
Better protection for children who are exposed to family violence will be available with changes to the Family Law Act that come into effect today (7 June 2012).
The full text of this release and a link to the amendments is available to subscribers at our online members’ practice news.
New funding to improve family law advice for those in need
Attorney-General Nicola Roxon today (25 May 2012) announced an additional $200,000 has been allocated to fund initiatives to improve provide greater access to justice for people from Indigenous and culturally diverse backgrounds.
The full text of this release is available to subscribers at our online members’ practice news.
Research to ask families and children about Independent Children’s Lawyers
Attorney-General Nicola Roxon today (25 May 2012) announced a new research project into whether Independent Children’s Lawyers are effective when representing children in family law cases.
The full text of this release is available to subscribers at our online members’ practice news.
De facto property laws pass Parliament
The Attorney-General, the Hon Nicola Roxon MP today (22 March 2012) issued the following release.
Laws to provide certainty to people who have orders of the federal family law courts in de facto property and maintenance matters passed Parliament today.
The complete text of this release is available to subscribers at our online members’ practice news.
Government to provide certainty over de facto property and maintenance orders
The Attorney-General, the Hon Nicola Roxon MP issued the following media release today (29 February 2012).
The Australian Government will be introducing a Bill in March 2012 to provide certainty to people who have orders of the federal family law courts in de facto property and maintenance matters.
The full text of this release is available to subscribers at our online members’ practice news.
Jurisdiction in relation to de facto financial causes
EDITED TRANSCRIPT OF INTERVIEW OF THE ATTORNEY-GENERAL THE HON NICOLA ROXON MP BY MARIUS BENSON ON ABC NEWS RADIO – 22 FEBRUARY 2012
TOPIC: Family Law Proclamation
An edited transcript of this interview is available to subscribers at our online Members’ Practice News.
Jurisdiction in relation to de facto financial causes
As you know, the Family Law Act 1975 was amended by the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (the De Facto Act) to provide, inter alia, for opposite sex and same sex de facto couples to access the federal family law courts in relation to financial matters.
Section 40 of the Family Law Act requires the Governor-General to proclaim a date on or after which the Family Court of Australia may exercise jurisdiction in respect of proceedings specified in the proclamation, and that jurisdiction cannot be exercised until such a proclamation has been made.
Section 40A of the Family Law Act empowers the Federal Magistrates Court to exercise family law jurisdiction only where the Family Court of Australia has been given that jurisdiction.
It has recently been discovered that a proclamation in relation to de facto financial causes instituted under the Family Law Act had been overlooked. On 9 February 2012, acting on advice from Government, the Governor-General made a proclamation fixing 11 February 2012 as the date on and after which the jurisdiction of the Family Court in relation to de facto financial causes could be exercised. The date applies equally to the Federal Magistrates Court when it exercises de facto financial jurisdiction.
It would appear that there is a gap in the jurisdiction of the Family Court and the Federal Magistrates Court for the period between the commencement of the relevant parts of the De Facto Act on 1 March 2009 (1 July 2010 in South Australia) and 11 February 2012 (the date of effect of the proclamation).
The problem doesn’t arise in Western Australia, where de facto financial cases are still determined in the Family Court under State legislation.
FLS is concerned that orders made during that period by both the Family Court of Australia and the Federal Magistrates Court, and acted on by parties, may have been made without jurisdiction. FLS is also concerned that a large number of applications may not have been validly issued.
FLS has written to the Attorney-General asking that an urgent announcement be made to confirm that the Government is working to resolve the problem created by the hiatus in jurisdiction, and that any rectification will have retrospective effect validating orders made by both Courts. The Attorney-General’s Department has advised that they are working very closely with the Attorney-General’s Office to identify what further action may need to be taken in relation to the de facto property jurisdiction.
Geoffrey Sinclair
Chair of Family Law Section
Law Council of Australia
21 February 2012
Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011
The Bill received Royal Assent on 7 December 2011, but its commencement was not immediate. A table summarising when each part comes into effect, a summary of the changes and a link to the Explanatory Statement is available to our subscribers at our online Members’ Practice News.
“Certificates of no impediment” to same sex marriage overseas
The following is a media release from the Attorney-General the Hon Nicola Roxon MP today (27 January 2012):
Australians seeking to enter into a same-sex marriage overseas will be able to apply for a Certificate of No Impediment to marriage for the first time from 1 February 2012.
The full text of the release is available to our subscribers at our online Members’ Practice News.
Changes to the Financial Statement form
Changes have been made to Parts A and M of the Financial Statement form, applicable in both courts. The updated form is available to our subscribers at our online “forms and precedents”.
Family Law Amendment Rules 2011 (No.2)
A range of amendments have been made to the Family Law Rules 2004. These Rules will commence on 1 January 2012.
The major changes and links to the explanatory statement and the Amendment Rules are available to subscribers at our online Members’ Practice News.
Family violence reforms passed by Parliament
Attorney-General Robert McClelland today (24 November 2011) welcomed the passage through Parliament of landmark legislation to protect children who are caught up in family law matters from family violence and child abuse. The full text of this release is available to our subscribers at our online Members’ Practice News.
Senate Committee endorses Government’s family law reforms
Attorney-General Robert McClelland yesterday (22 August 2011) welcomed the Senate Committee of Legal and Constitutional Affairs’ endorsement of the Gillard Government’s reforms to the family law system.
The Committee’s response to the Government’s Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 was tabled in the Senate this evening.
The full text of the release is available to our subscribers at our online Members’ Practice News.
Family law courts launch of revised Family Violence Best Practice Principles
The revised Family Violence Best Practice Principles were published by the Family Law Courts on Tuesday (19 July 2011).
The full text of the release and the revised Principles are available to our subscribers at our online Members’ Practice News.
Exposure to domestic violence a form of child abuse
The Attorney-General the Hon Robert McClelland MP and Minister for Home Affairs and Justice the Hon Brendan O’Connor MP issued this media release on 27 June 2011.
The full text of the release is available to our subscribers at our online Members’ Practice News.
Filing of a Notice of Ceasing to Act or a Notice of Withdrawal as Lawyer
The Family Law Courts have announced a change in procedure and forms in respect to the above effective 20 June 2011.
The full text of this release is available to our subscribers at our online Members’ Practice News.
Australia welcomes Japan’s move on Hague Convention
Foreign Minister Kevin Rudd and Attorney-General Robert McClelland today (21 May 2011) welcomed the Japanese Government’s decision to proceed with preparations for ratifying the Convention on the Civil Aspects of International Child Abduction, known as the Hague Convention.
The full text of this release is available to our subscribers at our online Members’ Practice News.
Applications for Consent Orders – A reminder for applicants to sign Part J
It has come to our attention that some consent order applications may be at risk of being requisitioned due to omission of the date in Part J (“Statement of Truth of Applicant”). The Application provides for a space for the insertion of the date upon which the statement has been made. Without a date being inserted the Registrar may not be able to confirm compliance with Rule 10.18 of the Family Law Rules which provides for the lapsing of consent.
The full text of this notice is available to our subscribers at our online Members’ Practice News.
User Guides to eFiling of Initiating Applications and Responses to Initiating Applications (both courts)
The Family Law Courts website has been updated to include the above.
Links to these user guides are available to subscribers at our online Members’ Practice News.
New national register for domestic and family violence orders
Attorney-General Robert McClelland and Minister for the Status of Women Kate Ellis today (4 March 2011) welcomed the agreement of the Standing Committee of Attorneys-General to implement a national scheme for domestic and family violence orders that will improve protection for victims of domestic violence.
The full text of this release is available to our subscribers at our online Members’ Practice News.
Strong public response to Family Violence Bill
Attorney-General Robert McClelland today (15 February 2011) said there has been a strong community response to the Gillard Government’s draft Family Law Amendment (Family Violence) Bill 2010.
The full text of this release and a link to it are available to our subscribers at our online Members’ Practice News.
Family Law Amendment (Validation of Certain Parenting Orders and Other Measures) Bill 2010
This Bill was passed by the House of Representatives on 23 November and the Senate on 26 November. The Act will commence upon receiving Royal Assent. Note – The Bill received Royal Assent on 16 December 2010.
Our edited extract from the Explanatory Memorandum and live links to the Explanatory Memorandum and the Bill are available to our subscribers at our online Members’ Practice News.
Family Law Amendment (Family Violence) Bill 2010 – Exposure Draft
The Australian Government has approved the release of an exposure draft of this Bill in order to facilitate further public consultation on proposed family law reforms.
The Bill focuses on prioritising the safety of children whose rights and interests are considered under the Family Law Act. This Bill would amend the Act to strengthen the role of family courts, advisers and parents in preventing harm to children while continuing to support the concept of shared parental responsibility and shared care where these are safe.
Its proposed amendments and a link for submissions are available to our subscribers at our online Members’ Practice News.
Protecting children at risk of violence
Attorney-General, Robert McClelland, today released a draft Bill for public consultation proposing amendments to the Family Law Act to provide better protections for children and families at risk of violence.
The proposed amendments are in response to reports received by the Government from the Australian Institute of Family Studies, Professor Richard Chisholm AM and the Family Law Council.
The full text of this release and a link for submissions are available to our subscribers at our online Members’ Practice News.
Deadline for parenting applications
The national filing deadline for all applications seeking parenting orders relating to the summer (Christmas) school holiday period is 4:00pm on 12 November 2010.
The full text of this release is available to our subscribers at our online Members’ Practice News.
Amendment of Family Law Rules
The Family Law Rules have been amended as at 1 August 2010.
The full text of this release is available to our subscribers at our online Members’ Practice News.
Superannuation Determination – Interest rate for 2010/11 financial year
The Family Law (Superannuation) (Interest Rate for Adjustment Period) Determination 2010 (under the Family Law (Superannuation) Regulations 2001) came into effect on 1 July 2010.
The full text of this release, our editorial note about it and live links to the Determination and Explanatory Statement are available to our subscribers at our online Members’ Practice News.
South Australia refers its powers over de facto relationships to the Commonwealth
The following was released by Family Law Courts National Communication published 30 June 2010.
With effect from 1 July 2010, Part VIIIAB of the Family Law Act will apply to couples whose de facto relationship has a geographical connection with South Australia (SA). The laws already apply to couples with a connection to all other States and Territories except Western Australia.
The full text of this release and our editorial note about amended forms are available to our subscribers at our online Members’ Practice News.
Attorney-General Hon Robert McClelland MP’s address to the Lone Fathers Association 2010 National Conference, 16 June 2010
The full text of this release is available to our subscribers at our online Members’ Practice News.
Protocol for the division of work between the Family Court of Australia and the Federal Magistrates Court as at 29/01/2010
The Chief Justice and the Chief Federal Magistrate have published a Protocol for the guidance of the legal profession and litigants, so as to enable matters to be directed properly to the court appropriate to hear them.
The full text of this release is available to our subscribers at our online Members’ Practice News.
Release of family law reviews
Attorney-General, Robert McClelland, today released key reports examining the operation of the family law system and how the family law courts deal with cases involving family violence.
The full text of this release is available to our subscribers at our online Members’ Practice News.
Changes to requirements for financial agreements to be binding
On 4 January 2010, an amendment to the Family Law Act relaxed the formalities for for financial agreements to be binding, in response to the Full Court’s ruling in Black [2008] FamCAFC 7 that strict compliance with the Act is necessary.
The amendment, contained in Schedule 5 of the Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009, applies to financial (and termination) agreements made since the introduction of “financial agreements” (as Part VIIIA of the Act) on 27 December 2000 and also covers Part VIIIAB financial agreements in relation to de facto relationships.
The full text of this release is available to our subscribers at our online Members’ Practice News.
Building better partnerships between family relationship centres and legal assistance services
The Attorney-General, Robert McClelland, announced today (4 December 2009) one-off funding allocations totalling $4.2 million for more than 60 successful proposals for legal assistance services to partner with Family Relationship Centres. The pilot program is designed to help separated or separating families by providing access to early and targeted legal information and advice when attending Family Relationship Centres.
The full text of this release is available to our subscribers at our online Members’ Practice News.
