Family Court changes

Family Court changes

The Family Court has issued an email alert in light of the changes to the Family Law Act caused by the de facto property changes.

Family Court email alert
2 March 2009
This email is to advise changes to forms in light of the commencement,on 1March 2009, of changes to the Family Law Act 1975 and the Family Law Rules2004.
All new and amended forms are now available at www.familylawcourts.gov.au or www.familycourt.gov.au.

FORMS

As of 1 March 2009 the forms Application for Final Orders and Response to Application for Final Orders are obsolete. Replacing these forms are the new versions of the Initiating Application and Response to Initiating Application.

Old Initiating Application, Response to Initiating Application, Application for Final Orders and Response to Application for Final Orders are not to be used within the Family Court jurisdiction from 1 March 2009. From this date only the new Initiating Application and Response to Initiating Application(dated 010309) must be used.

The Application for Consent Orders has also undergone substantial revision.
The Family Court is allowing a three month period of grace (until 1 June 2009) for the filing of the 01-07-08 version of the form. If you use the 01-07-08 version during this period, and your case involves de facto financial causes, you must also file an additional form titled Affidavit-de facto financial cause.

The following forms approved by the Principal Registrar have been removed upon the revocation of the Case Management Directions:
*Conciliation Conference document (this form will remain on the website until 1 June 2009 given that it may have already been ordered to be filed in cases listed to a conciliation conference)*Compliance certificate for use by lawyers
*Compliance certificate for use by Self Represented Litigants
*Joint case summary document

The forms Affidavit for interim parenting cases – Applicant, and Affidavit for interim parenting cases – Respondent and Notice of non-party production of documents are obsolete from 1 March 2009.

There are smaller (mainly terminology) changes to the following forms;however both the current and new versions of these forms will be accepted until such time as the Family Court directs otherwise.
These forms include:

  • Service Kit
  • Application in a Case
  • Reply
  • Notice of Discontinuance
  • Acknowledgment of Service
  • Affidavit of Service
  • Affidavit- non-filing of compulsory family dispute resolution certificate
  • Subpoena
  • Undertaking as to disclosure
  • Financial Statement kit only
  • Summary of Argument
  • Case Information.

RULES

The formal provisions and Schedules 1 and 2 of the Family Law Amendment Rules 2009 (No.1) commenced on 1 March 2009. Amendments include:

  • Amendments to support the trial and case management pathway and docket system
  • De facto relationship amendments
  • Amendments to introduce the Initiating Application (Family Law) and Response to Initiating Application (Family Law).
Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

On 9 October 2026, our director Stephen Page wrote to the Attorney-General, the Hon Michelle Rowland MP, calling for the repeal of Part 3 of the Family Law Amendment (2026 Measures No. 1) Regulations 2026. If left in place, these regulations will remove the statutory presumptions that currently help establish the legal parentage of children… Read More »Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

A change to Australia’s family law regulations threatens to remove an important layer of legal certainty for nearly 3,000 children born overseas through surrogacy. For their families, the issue is anything but technical. It concerns whether Australian law presumes that the people raising these children are their parents. The repeal of regulation 10.3 of the… Read More »Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

Infertility Week: 4 things that can stop surrogacy

Infertility can eat away at a person’s sense of hope. It can make ordinary moments painful: a pregnancy announcement, a family gathering, or the seemingly endless appearance of babies everywhere. For someone longing to become a parent, the question can become deeply personal: why does parenthood seem possible for everyone else? Infertility awareness is not… Read More »Infertility Week: 4 things that can stop surrogacy

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board