The By Lawyers Family Law Children publication has been reviewed. Resulting updates and enhancements to the commentary and precedents include:
- Parenting Orders commentary re-ordered and streamlined, with consequent amendments to the matter plan and new section on applications by ‘Other persons’.
- Transfer of less frequently used forms and precedents into ‘If required’ folders, for example, subpoenas.
- A new top-level folder on the matter plan dedicated to the final hearing.
- New commentary on Undertakings.
- Restructure of the enforcement/contravention section of the matter plan into Dealing with breaches of orders with detailed commentary on both applications.
- Updated case summaries in 101 Family Law Answers for binding child support agreements, applications by grandparents, and the variation of parenting orders.
This review is part of our current preparation for the commencement of the new court structure. Practitioners will be aware that the Commonwealth parliament has passed the Federal Circuit and Family Court of Australia Act 2021 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021, commencing 1 September at the latest. The new Acts create an amalgamated Federal Circuit and Family Court of Australia (FCFCA) with two divisions. The FCFCA will be the single point of entry for family law and child support cases.
The new court will continue to have a statutory obligation to protect the rights of children, promote their welfare, and protect them from family violence.
All four of the By Lawyers Family Law publications – Children, Property Settlement, Financial Agreements, and Divorce – will be revised and updated as required when the new court commences. Going forward, relevant decisions of the FCFCA will also be added to 101 Family Law Answers as they are published.