News

Family Law Amendment (2018 Measures No. 1) Rules 2018

The Family Law Amendment (2018 Measures No. 1) Rules 2018 and consequential new and amended forms came into effect on 1 March 2018.  An initial grace period of three months was allowed in relation to compliance with the new forms, which was then extended for a further 6 months (until 1 January 2019). This grace period will continue to 1 February 2019 as follows.

EXTENSION OF GRACE PERIOD

A further one month grace period (until 1 February 2019) will be allowed for compliance with the ‘guided’ electronic option in the Commonwealth Courts Portal for the following forms:

  •  Application for Consent Orders
  • Notice of Child Abuse, Family Violence or Risk of Family Violence, and
  • Annexure to Proposed Consent Parenting Order.

The Application for Consent Orders, dated 1 March 2018, must be used when filing in hard copy or by using the ‘unguided’ (upload) option in the Commonwealth Courts Portal.

Subject to any further notifications, you can continue to eFile using the ‘guided’ form until 1 February 2019. Alternatively you can use the forms available on the Court’s website and the ‘unguided’ eFiling option.

Civil Law and Justice Legislation Amendment Act 2018

As a result of the Civil Law and Justice Legislation Amendment Act 2018, Part VIIIB of the Family Law Act 1975 has been renumbered. See Part 3—Renumbering Part VIIIB of the Family Law Act 1975.

The following family law forms/kits have been updated accordingly:

  • Financial Statement Kit – The form has not changed. The only amendment is to the section number references in the Kit. Kit 0313V4 but form remains version 0313V3.
  • Superannuation Kit – updates to section number references – 01/07/07V3.
  • Warrant of arrest – updates to section number references is notes – 0313V2.

Changes to the Application for Consent Orders are also required. Work on this is underway and we will advise in the New Year when the amended application is available.