Introduction

The following Practice Direction is intended to facilitate the determination of pending parenting applications on or after 1 July 2006 in accordance with the Family Law Act 1975 (Cth), as amended by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Parenting cases currently listed for trial in the period from date of issue of this 
direction to 30 June 2006

As orders in such cases may be made after 1 July 2006, parties are expected to ensure that the evidence presented, orders sought, submissions made and summaries of argument filed also address the Family Law Act 1975, as amended by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Parenting cases currently listed for trial on or after 1 July 2006

The parties to each parenting case which is currently listed for trial on or after 1 July 2006 must take the following steps:

1. Each applicant must file and serve an Amended Application setting out the orders sought by that party relevant to any legislative changes to the Family Law Act 1975 as amended by the Family Law Amendment (Shared Parental Responsibility) Act 2006 at least twenty-eight (28) days prior to trial or as otherwise directed.

2. Each respondent and any other party must file and serve an Amended Response setting out the orders as sought by that party relevant to any legislative changes to the Family Law Act 1975 as amended by the Family Law Amendment (Shared Parental Responsibility) Act 2006  at least twenty-one (21) days prior to trial or as otherwise directed.

3. Each party has permission to file and serve a further affidavit limited to issues consequential to any legislative changes to the Family Law Act 1975 as amended by the Family Law Amendment (Shared Parental Responsibility) Act 2006 at least fourteen (14) days prior to trial or as otherwise directed.

4. Each party must notify in writing each other party at least seven (7) days prior to trial of any objections to any affidavit filed in accordance with paragraph 3 herein.

5. Each party must file and serve a further compliance certificate addressing compliance with these procedural directions at least seven (7) days prior to trial.

6. Each party must file and serve a summary of argument in support of the orders sought and with appropriate reference to the applicable provisions of the Family Law Act 1975 as amended and in force as at the date of trial.

The Honourable Diana Bryant
Chief Justice of the Family Court of Australia
12 May 2006