These Directions have the status of law and assist with the conduct of proceedings before the Family Court of Australia
Introduction
In order to advance the implementation of the Combined Registry project, the Family Court of Australia and the Federal Magistrates Court of Australia have agreed to trial a new form entitled “Initiating Application”. In the Family Court, a new form entitled “Response to Initiating Application” will be trialled also.
This Practice Direction relates to the use of these new documents in the Family Court of Australia. The Chief Federal Magistrate will be issuing a Practice Direction dealing with the use of the new Initiating Application in his Court.
Practice Direction
This Practice Direction is effective from 8 January 2007.
The new Initiating Application and Response to Initiating Application may be used to seek both final and interim relief in those cases where the use of Forms 1 and 1A, 2 and 2A is presently required under the Family Law Rules. Until the trial has been completed and appropriate consultation and evaluation has taken place, there will be no Rule changes and use of the new forms is permitted by this Practice Direction as an option to using the existing Forms 1, 1A, 2 and 2A to commence proceedings. If the new documents are used the existing Forms 2 and 2A will still need to be used for any subsequent interim application that may be made in the case.
Proceedings seeking final orders alone, or both final and interim orders, may be initiated using the form entitled “Initiating Application”.
A party served with an Initiating Application in the new form must respond by filing a Response to Initiating Application (also in the new form) within 14 days of being served.
The new forms have not been allocated form numbers and should simply be referred to as “Initiating Application” and “Response to Initiating Application”.
Both new forms will be available over the counter at Family Law Court registries and will be able to be downloaded from this website: click here for new forms
Save for the use of the two new forms authorised by this Practice Direction, and the time for filing a response (14 days after service), the Family Law Rules apply, changing what needs to be changed to achieve this. For example, the requirements of the Rules for taking pre-action procedures continue to apply, as does the requirement for filing an affidavit where interim or procedural relief is sought in one of the new forms.
THE HONOURABLE JUSTICE DIANA BRYANT
CHIEF JUSTICE
FAMILY COURT OF AUSTRALIA
DATE: 20 December 2006