ByLawyers News and Updates

Disclosure – Family Law – FED

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Rule 6.02 of the Family Law Rules 2021 provides that a party must file a written notice stating that they have read Parts 6.1 and 6.2 of the Rules and that they will comply with their disclosure obligations. This written notice is given in the Undertaking as to Disclosure form that each party is required to file before the first court date unless the court orders otherwise.

New precedent Enclosure – Parts 6.1 and 6.2 of the Family Law Rules 2021 conveniently sets out all of the rules in Parts 6.1 and 6.2 for the client’s ease of reference. Practitioners can give this enclosure to clients involved in parenting or financial proceedings when first instructing them, making it easy for practitioners to comply with the requirements under the rules to fully inform their clients.

The enclosure accompanies the Letter to client regarding duty of disclosure and can be found on the Property Settlement and Children matter plans directly under the Duty of disclosure brochure in the Pre-action procedures folder.

The By Lawyers Family law publication is up to date with all of the recent changes to the family law system after the merger of the two courts into the Federal Circuit and Family Court of Australia.

Family Law guides – FED

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Author review

A full review of the By Lawyers Family Law guides has been conducted to ensure that all content is in line with current law and practice.

This review was conducted by our experienced author Keleigh Robinson, a Family Law Accredited Specialist.

Resulting updates and enhancements to our Family Law guides include:

Children

  • New commentary on Watch list order applications.
  • New tables summarising:
    • Family violence legislation; and
    • Appeals from the Federal Circuit Court and the Family Court.
  • Amendments to the matter plan to cover potential issues, interim and urgent applications in the one section.
  • New example content precedents:
    • Application in a case for substituted service;
    • Affidavit in support of the application in a case for substituted service; and
    • Changing parenting orders by consent.

Property settlement

  • Expanded commentary on Conciliation conferences in the Federal Circuit Court.
  • A new table summarising appeals from the Federal Circuit Court and the Family Court.
  • ‘Going to Court’ sections on the matter plan updated in line with current practice.
  • New example content precedents:
    • Application in a case for substituted service; and
    • Affidavit in support of the application in a case for substituted service.

Financial agreements

  • Expanded commentary on the Court’s power to set aside a financial or termination agreement and Death of a party to a financial agreement.
  • Expanded table comparing financial agreement legislation for marriages and de facto relationships, including de facto relationships in Western Australia.
  • New precedent letters for drafts of the different types of financial agreements.
  • Improved accessibility on the matter plan to real property transfer forms for the different jurisdictions.

Divorce

  • Expanded commentary on:
    • The filing process for same-sex couples;
    • The application and service;
    • Marriage certificates;
    • Separation under the one roof;
    • Reduction of court fees;
    • Substituted service and dispensation of service; and
    • Finalising the divorce.
  • A new table and accompanying notes on property division.
  • A new same sex couples section on the matter plan.
  • Revised service section to reflect current practice.

101 Family Law Answers

  • New cases and commentary on:
    • Urgent and interim spousal maintenance;
    • Interim costs orders;
    • Amending applications, responses and other documents; and
    • Private mediation and lawyer attendance.

Keep up to date with By Lawyers

This review of our Family Law guides is part of By Lawyers commitment to regular updating and enhancement of our publications. With By Lawyers always keeping you up to date you can enjoy practice more.

Family Law – Children publication review

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The By Lawyers Family Law author has reviewed the Children publication covering commentary, matter plan and precedents.

Commentary updates include the following additions:

  1. Practical application of s 65DAC –  Equal shared parental responsibility requires parents to consult one another and make a genuine effort to jointly make decisions on major long term issues relating to a child. The practical application of the obligation in s 65DAC can be difficult in some cases and is sometimes misinterpreted. The requirement is to consult and to make a genuine attempt to jointly make a decision;
  2. Practical use of parenting plans in situations where there is not high conflict; and
  3. Federal Circuit Court Practice Direction No. 2 of 2017 providing strict directions for affidavits in interim matters.

The new requirements for affidavits in the Family Court has led to a new Exhibit page to Affidavit form being created by LEAP. This has been linked where necessary in the matter plan.

The author also created a new precedent letter: Letter of appointment to psychologist for a private family report located in the Going to Court section. The letter covers party representation, what the report needs to address and a list of enclosed documents filed in the proceedings.

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