Practice and procedure update: Practice directions | Federal Circuit and Family Court of Australia

With today’s commencement of the Family Law Amendment Act 2023 and the Family Law (Information Sharing) Act 2023, amendments have taken effect to four practice directions:

In addition, the COVID-19 List Practice Direction has been revoked.

Central Practice Direction: Family Law Case Management

Below is a summary of the changes that have been made to the Central Practice Direction:

In Part 3, the Core Principles have been summarised and included in full in a new Schedule A.
In Part 4, Case Management, clauses 4.6-4.10 regarding the case management of urgent applications has been updated. These changes are reflected in each of the Parenting Proceedings and Financial Proceedings Practice Directions;
In Part 5, new clause 5.5 with respect to a Defaulters List has been inserted. This clause states that a matter may be referred to a Defaulters List for a Judge to consider exercising any of the powers in rule 10.27 if a party fails to take a step required by the Central Practice Direction, the Family Law Rules or a procedural order;
In Part 6, clauses 6.17-6.21 has been updated with respect to when interim orders may be sought and what affidavit material may be relied upon for the purposes of the proceeding;
Clause 6.34 has been updated with respect to the requirements for external mediation or FDR, including the documents that need to be provided to the mediator/FDRP;
Clauses 6.49-6.50 have been updated regarding the filing of a Certificate of Readiness prior to a Compliance and Readiness Hearing, and the purposes of a Compliance and Readiness Hearing. Clause 6.51 also now states that in the absence of parties submitting appropriate alternative consent trial directions, they may be made in accordance with standard trial directions as set out in Schedule B.
Minor necessary updates to reflect changes to the Family Law Act 1975 following the commencement of the Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023 have also been made, including references to information sharing orders rather than section 69ZW orders, references to section 102QAB rather than 45A with respect to summary dismissal of a proceeding.

Family Law Practice Direction: Parenting Proceedings

Clauses 2.9-2.10 and 2.15-2.16 have been amended with respect to the documents that need to be filed for an urgent application to be considered, and what the court will do next once the issue of urgency is assessed.
Clauses 2.20, 3.3(e) and 3.5 have been inserted to ensure that parties are providing the Court with the most current family violence order that is in force, including if it is changed or varied.

Family Law Practice Direction: Financial Proceedings

Clauses 2.10-2.11 and 2.19-2.20 have been amended with respect to the documents that need to be filed for an urgent application to be considered, how the court will consider an urgent application and what the court will do next once the issue of urgency is assessed.
Clauses 2.22 and 3.6 have been inserted to ensure that parties are providing the Court with the most current family violence order that is in force, including if it is changed or varied.

Family Law Practice Direction: Critical Incident List

Clause 2.1(c) has been updated to refer to the need for urgent orders for parental responsibility as one of the criteria for consideration of inclusion in the List – this is to reflect the purpose of the Critical Incident List, which is to provide a quick avenue for a party seeking urgent orders for parental responsibility about major long-term issues such as authorities to engage with schools and health care providers for child/ren, in circumstances where there is no parent available to care for the child/ren due to a death, critical injury or incarceration relating to a family violence incident.

Family Law Practice Direction: National COVID-19 List

As of 6 May 2024, the COVID-19 List Practice Direction has been revoked, and the COVID-19 List has been discontinued.
The COVID-19 List fulfilled an important function during the height of the COVID-19 pandemic, ensuring quick access to the Courts where parties had an urgent or priority family law dispute related to the COVID-19 pandemic, including urgent orders relating to family violence associated with the COVID-19 pandemic, issues of vaccination, or medical issues
As COVID-19 is no longer having the same impact on the Australian public, there is no longer a need for the COVID-19 List.
Urgent applications can still be made to the Court under the usual urgent applications process. In addition to the sections of the Practice Directions referred to above:
- For urgent orders relating to children, visit Children: My application is urgent
- For urgent orders relating to property, visit Finances and property: My application is urgent