Tuesday, 3 March 2009

Family Court changes

The Family Court has issued an email alert in light of the changes to the Family Law Act caused by the de facto property changes.

Family Court email alert
2 March 2009
This email is to advise changes to forms in light of the commencement,on 1March 2009, of changes to the Family Law Act 1975 and the Family Law Rules2004.
All new and amended forms are now available at www.familylawcourts.gov.au or www.familycourt.gov.au.

FORMS

As of 1 March 2009 the forms Application for Final Orders and Response to Application for Final Orders are obsolete. Replacing these forms are the new versions of the Initiating Application and Response to Initiating Application.

Old Initiating Application, Response to Initiating Application, Application for Final Orders and Response to Application for Final Orders are not to be used within the Family Court jurisdiction from 1 March 2009. From this date only the new Initiating Application and Response to Initiating Application(dated 010309) must be used.

The Application for Consent Orders has also undergone substantial revision.
The Family Court is allowing a three month period of grace (until 1 June 2009) for the filing of the 01-07-08 version of the form. If you use the 01-07-08 version during this period, and your case involves de facto financial causes, you must also file an additional form titled Affidavit-de facto financial cause.

The following forms approved by the Principal Registrar have been removed upon the revocation of the Case Management Directions:
*Conciliation Conference document (this form will remain on the website until 1 June 2009 given that it may have already been ordered to be filed in cases listed to a conciliation conference)*Compliance certificate for use by lawyers
*Compliance certificate for use by Self Represented Litigants
*Joint case summary document

The forms Affidavit for interim parenting cases - Applicant, and Affidavit for interim parenting cases - Respondent and Notice of non-party production of documents are obsolete from 1 March 2009.

There are smaller (mainly terminology) changes to the following forms;however both the current and new versions of these forms will be accepted until such time as the Family Court directs otherwise.
These forms include:
  • Service Kit
  • Application in a Case
  • Reply
  • Notice of Discontinuance
  • Acknowledgment of Service
  • Affidavit of Service
  • Affidavit- non-filing of compulsory family dispute resolution certificate
  • Subpoena
  • Undertaking as to disclosure
  • Financial Statement kit only
  • Summary of Argument
  • Case Information.

RULES

The formal provisions and Schedules 1 and 2 of the Family Law Amendment Rules 2009 (No.1) commenced on 1 March 2009. Amendments include:

  • Amendments to support the trial and case management pathway and docket system
  • De facto relationship amendments
  • Amendments to introduce the Initiating Application (Family Law) and Response to Initiating Application (Family Law).

No comments: