Recently, the family law landscape underwent a significant change. The two federal Courts that dealt with family law matters \u2013 the Federal Circuit Court of Australia and the Family Court of Australia \u2013 were merged. On 1 September 2021, the Federal Circuit and Family Court of Australia commenced.<\/p>\n
The new Court represents more than a change in name. There are new rules and new processes, with the Court aiming to bring about the just resolution of disputes in a quick, inexpensive and efficient manner.<\/p>\n
The cost of Court proceedings, and the financial impact on parties, are under the microscope, along with compliance with the Court\u2019s rules and any orders they make.\u00a0 Parties must comply with the rules.\u00a0 If they fail to do so, they risk their applications being delayed or being responsible for the other party\u2019s costs.<\/p>\n
In particular, there is a renewed focus on complying with \u201cpre-action procedures\u201d \u2013 steps that generally must be completed before a Court application is made.\u00a0 Those procedures include an obligation on parties to attempt to engage in dispute resolution prior to starting any proceeding and to ensure that all relevant information is exchanged between the parties at the earliest opportunity.\u00a0 There are some exceptions to having to complete these steps, and safety remains a key objective of the Court.<\/p>\n
It is important when seeking legal advice that your lawyer understands and can inform you fully about your new obligations and can provide guidance about how best to resolve your dispute in a manner which satisfies the Court\u2019s new requirements.<\/p>\n
The family law team at Wightons Lawyers is here to help. We can provide clear advice and valuable information to support you through this process. We invite you to contact one of our family law practitioners, Susan Fridey, Jacinta Learey or Abbey Lane on 5221 8777 for an initial appointment.<\/p>\n
You can find out more about the Federal Circuit and Family Court of Australia at their website \u2013 www.fcfcoa.gov.au<\/p>\n