NOTICE TO LEGAL PRACTITIONERS

Family Law Amendment (2018 Measures No. 1) Rules 2018

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 (until 1 June 2018) was allowed in relation to compliance with the new forms. This grace period has been extended as follows.

EXTENSION OF GRACE PERIOD

A further six month grace period (until 1 January 2019) will be allowed for compliance with the following updated forms:

  • Application for Consent Orders
  • Notice of Child Abuse, Family Violence or Risk of Family Violence, and
  • Annexure to Proposed Consent Parenting Order.

Subject to any further notifications, you can continue to eFile using the old form until 1 January 2019. Alternatively you can use the new paper forms available on the Court’s website. We will advise you when the electronic form on the Commonwealth Courts Portal has been updated.

LIFTING OF GRACE PERIOD

The grace period will be lifted from 1 June 2018 for the following changes implemented by the Family Law Amendment (2018 Measures No. 1) Rules 2018 to be filed in hard copy:

  • Submitting Notice, and
  • Notice of Contention.

As eFiling is not yet available for these forms, they must be filed in hard copy. Please contact the registry if you require any assistance in relation to these forms.

The grace period is also lifted from 1 June 2018 for annexures or exhibits to an affidavit. These are to be identified in an affidavit, but should not be filed with the affidavit, in the Family Court of Australia only. There may be exceptions where court orders or the Rules provide otherwise (for example r 15.62 in relation to expert reports).

Further information on the changes is available in the Explanatory Statement to the Amendment Rules.