Family Law Defaulters List – Sydney Registry pilot
The Sydney Registry of the Federal Circuit and Family Court of Australia (FCFCOA) is operating a Defaulters’ List, as a pilot project, from October 2024.
The purpose of the list is to ensure compliance with the relevant Family Law Rules, and with any case management orders and directions made by the court in family law or child support proceedings.
The list is governed by the FCFCOA’s Family Law Practice Direction: Defaulters’ List, which:
- sets out when a party is deemed to be in default;
- provides that the onus is on the defaulting party to show cause why a sanction or penalty should not be applied; and
- notes the powers of the court to sanction and penalise parties, including as to costs.
In considering a show cause application the court can consider:
- the interests of the parties in the proceedings and the administration of justice by the court more generally;
- whether the application for relief has been made promptly;
- whether the failure to comply was intentional;
- whether there is a good explanation for the failure;
- the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant pre-action protocol;
- whether the failure to comply was caused by the party or their legal representative;
- whether the trial date or the likely trial date can still be met if relief is granted;
- the effect which the failure to comply had on each party; and the effect which the granting of relief would have on each party;
- whether all parties consent to the step being taken after the specified time;
- any other matter that the court consider relevant.
See the By Lawyers Family Law – Children and Family Law – Property Settlement commentaries for more information about dealing with breaches of orders.