Amendments to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021

25/11/2022

Amendments have been made to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 which will commence on Monday, 28 November 2022, with the exception of the costs schedule, which will commence on 1 January 2023.

These changes include amendments that have been made following feedback from, and consultation with, the profession. The Courts consulted with 17 stakeholders, being the State and Territory Bar Associations (aside from in WA), as well as the Australian Bar Association, Law Council of Australia and National Legal Aid.

Notably, the changes include the removal of the requirement to file a Parenting Questionnaire or Financial Questionnaire with every Initiating Application seeking parenting or financial orders respectively. A questionnaire is now only required to be filed where a party has not filed an affidavit with their Initiating Application or Response to Initiating Application. This will make the filing process more efficient and cost effective for parties.

The amending instrument, the Federal Circuit and Family Court of Australia (Family Law) Amendment (Measures No.1 2022) Rules 2022, will be published on the Federal Register of Legislation on Monday, 28 November 2022.

The amendments to the costs schedule in the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 will be published next week, via the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Amendment (Costs) Rules 2022, which also do not commence until 1 January 2023.