With the merger of the former Federal Circuit Court of Australia and Family Court of Australia on 1 September 2021 into the Federal Circuit and Family Court of Australia (FCFCOA) came a new amalgamated set of Rules known as the Federal Circuit and Family Court Rules of Australia 2021.

The purpose of the new rules was not only to simplify things for parties, but also to try and get individuals to resolve their family law matter in an expeditious and cost effective way, without needing to go to Court, which often can be expensive and emotionally exhausting.

One of the biggest issues that Judges, solicitors and parties involved in the family law system raised is that there were too many people resorting to the Court system, not having dealt with any of the preliminary issues, such as disclosing assets, partaking in a form of Mediation or Family Dispute Resolution, which should always be addressed before going to Court, provided there are no exceptions such as where family violence is an issue.

This resulted in the Court system being extremely overrun with individuals pursuing Orders about disclosure and other issues which could have been dealt with at a much earlier stage and without the Court’s intervention.

The new Rules have an increased emphasis on parties to a family law matter undertaking the right steps they need to under the Rules, prior to commencing any Court proceedings. The Court expects parties to exhaust all avenues first and make every attempt to genuinely settle their matter before seeking the assistance of the Court.

The new Rules also emphasise that if a party fails to comply with the “pre action procedures” such as providing disclosure documents, and attempting to genuinely settle the matter, and they file an Application in the FCFCOA seeking Orders, that a costs order against, not only parties in the proceedings, but lawyers as well for not complying with their obligations before Court, can be made. 

To summarise, your obligations are to ensure you comply with your duty of disclosure, attempt to engage in meaningful discussions to resolve your matter. 

Click here to contact Niloufar Hariri, who can help you gain a better understanding on the new rules and how they apply to your case