Changes to the family law rules from 28 November include the abolition of the need to file a parenting or financial questionnaire with an initiating application. Parties now only file a questionnaire if they have not filed an affidavit with their application or response.
Other amendments to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 include:
- Rule 1.09: Changing the form for seeking rescission of a divorce order from an Application for Review to an Application in a Proceeding;
- Rule 2.01: Requiring that an application must concisely state the orders sought;
- Part 2.6: Making the rules on service of documents in Australia apply to service generally;
- Part 5.6: Inserting new rules 5.28 and 5.29 requiring that the Annexure to Proposed Consent Parenting Orders be attached to an application for interim parenting orders proposed to be made in chambers, as was already required for final orders;
- Rule 5.28 and rule 10.04: Allowing draft consent orders to be signed by a party’s legal representative;
- Rule 6.06 and rule 8.09: Removing the requirement to file parenting or financial questionnaires with an initiating application if the party has filed an affidavit;
- Rule 7.35: Providing for the court to accept the opinion of a court-appointed assessor unless there are exceptional circumstances; and
- Rule 14.07: Allowing the court to consider an Application for Review in chambers if the parties consent, and requiring parties to seek leave for any further evidence to be filed in support of an Application for Review.
Amendments to the costs schedule in the rules commence on 1 January 2023.
Amendments have also been made to the delegations table in Schedule 4 to the Rules, with effect from 28 November 2022.
The amended delegations increase the powers of Senior Judicial Registrars and Judicial Registrars in dealing with aspects of case management, including allowing the registrars to:
- deal with an application for an interlocutory consent order under the new part 5.6 of the Rules;
- apply on a limited basis the court’s power under s 69ZR of the Family Law Act 1975 to make a finding of fact, determine a matter, or make an order in relation to an issue arising, at any time before final orders are made in child-related proceedings;
- order a party to undergo drug or alcohol screening or testing;
- make spousal or de facto maintenance orders on a limited basis;
- make an order for child maintenance – Senior Judicial Registrars only;
- make an injunction under s 114 against a third party – Senior Judicial Registrars only;
- make orders in relation to costs, costs estimates, and assessment of costs under s 117;
- grant leave to institute proceedings out of time – Senior Judicial Registrars only;
- grant leave for joinder of a party to a proceeding after the first court date;
- issue a subpoena, order the production and inspection of documents, and hear subpoena objections;
- summarily dismiss an application that has no reasonable prospects of success;
- make summary orders in response to a claim by a party that an application or response is frivolous, vexatious, or an abuse of process, or that an application has no reasonable likelihood of success;
- make certain case management orders or directions under r 10.11;
- make orders varying or setting aside orders under the slip rule if the original orders were made by a Senior Judicial Registrar or Judicial Registrar;
- make declarations regarding the costs of a child, and amend administrative assessments that are more than 18 months old under the Child Support (Assessment) Act 1989; and
- grant a stay under s 111C of the Child Support (Registration and Collection) Act 1988.