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Update on Family Court and Federal Circuit Court Merger

From 1st September 2021, the 2 courts that deal with family law cases in Australia will merge and will be known as the Federal Circuit and Family Court of Australia. From that date, all cases that are currently in either the Federal Circuit Court or the Family Court will transfer to the new Court, and […]

Update on Family Court and Federal Circuit Court Merger

Update on Family Court and Federal Circuit Court Merger

From 1st September 2021, the 2 courts that deal with family law cases in Australia will merge and will be known as the Federal Circuit and Family Court of Australia. From that date, all cases that are currently in either the Federal Circuit Court or the Family Court will transfer to the new Court, and all new cases that commence from that date will be dealt with in the new Court.

In many respects, the experience of the system for parties to proceedings will probably be unchanged. There will be one set of forms to use, instead of different forms for different Courts, but the Courts will still operate from the same buildings, and the Family Law Act is still the legislation that the Court will be applying, and previous case law will still apply.

There are some planned changes however that may impact the experience of parties to proceedings. The indications are that there will be an expectation of stricter compliance with court orders, a target to resolve up to 90% of cases within 12 months of when they are commenced, and a pathway for all cases to follow that will be consistent across the country. Currently, there can be some differences between how cases are managed across different courts around the country.

We understand that there will be a strict limit on the number of pages for affidavits at an interim stage, and a strict 2-hour time limit will be applied for interim hearings.

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For lawyers working within the family law courts, the changes will take some time to adapt to. It seems that compliance with the rules of the Court will be strictly enforced, and it will continue to be essential to ensure that you appoint a solicitor who is experienced in the family law system to ensure that you obtain the best possible outcome. For an introductory conversation about your family law question, the Family Law team at Aylward Game Solicitors offers a free initial consultation. For practical family law advice, call Aylward Game Solicitors on 1800 217 217. 

Merge of FCC and Family Court