(PD-TRANSITIONAL)
1. Introduction
1.1 The Chief Justice/Chief Judge of the Federal Circuit and Family Court of Australia (the Court) has made new rules of court for all proceedings in the Court with effect from 1 September 2021.
1.2 The new rules of court (new rules) are:
- the Federal Circuit and Family Court of Australia (Family Law) Rules 2021;
- the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021;
- the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021; and
- the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021.
1.3 The old rules of court (old rules) that have been repealed with effect from 1 September 2021 are:
- the Family Law Rules 2004;
- the Federal Circuit Court Rules 2001; and
- the Federal Circuit Court (Bankruptcy) Rules 2016.
1.4 The new rules apply to all proceedings in the Court commenced before 1 September 2021 but not finally determined before that date in accordance with the transitional arrangements set out in Part 2 below.
1.5 The Court retains the discretion to dispense with compliance with any provision of the new rules at all times, including where application of the new rules would operate unfairly or cause injustice.
2. Transitional arrangements
2.1 If:
- a proceeding was commenced in accordance with the old rules; and
- the proceeding was not finally determined before the repeal of those rules;
the proceeding must be continued in accordance with the new rules.
2.2 If:
- an act or thing was done under the old rules before the repeal of those rules; and
- the act or thing is of a kind that could be done under the new rules;
the act or thing is taken to have been done under the new rules.
2.3 If:
- an obligation was incurred, or an undertaking was given, under the old rules before the repeal of those rules; and
- the obligation is of a kind that could be incurred, or the undertaking is of a kind that could be given, under the new rules;
the obligation is taken to have been incurred, or the undertaking is taken to have been given, under the new rules.
2.4 If:
- an act or thing was required to be done under the old rules before the repeal of those rules; and
- the act or thing was not done before the repeal of those rules; and
- the act or thing is of a kind that is required to be done under the new rules;
the act or thing is taken not to have been done for the purposes of the new rules.
2.5 The new rules do not operate to revive any period of time for doing an act or thing that was required to be done under the old rules, if the period had expired before the repeal of those rules.
2.6 If:
- a period of time was running in relation to a matter under the old rules before the repeal of those rules; and
- the period had not expired before the repeal of those rules; and
- the matter is of a kind to which the new rules apply;
the period continues to run as if the old rules had not been repealed.
3. Appeals to Division 1 of the Court
3.1 For information about transitional arrangements for appeals to Division 1 of the Court, please refer to Part 4 of Schedule 5 of the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021.
4. Practice Directions
4.1 New Practice Directions have been issued by the Chief Justice/Chief Judge that apply to all proceedings commenced on or after 1 September 2021.
4. 2 The new Practice Directions also apply to all proceedings commenced prior to 1 September 2021 but not finally determined before that date, unless unfair or impractical to do so.
5. Forms
5.1 New forms have been approved by the Chief Justice/Chief Judge for use from 1 September 2021. All approved forms are located on the Court’s website at www.fcfcoa.gov.au.
5.2 Where practical, the new forms should be used from 1 September 2021.
5.3 New forms must be used from 29 November 2021. After this date, old forms will not be accepted for filing.
The Honourable Justice William Alstergren
Chief Justice (Division 1) | Chief Judge (Division 2)
Federal Circuit and Family Court of Australia
Date: 1 September 2021
