Several amendments to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 will commence on Monday 28 November.
The changes include the removal of the requirement to file a Parenting Questionnaire or Financial Questionnaire with every Initiating Application seeking parenting or financial orders respectively. A questionnaire is now only required to be filed where a party has not filed an affidavit with their Initiating Application or Response to Initiating Application.
Where a party is required to file an affidavit with their Initiating Application or Response to Initiating Application, such as where interlocutory orders are sought, updated instructions to the affidavit form will be published to provide guidance on the evidentiary topics that should be addressed. This is anticipated to be published in the next fortnight.
Forms – instruction pages updated
As a result of the changes to the rules regarding the questionnaires, the following forms will be updated where the questionnaires are referenced in the instruction pages:
- Initiating Application
- Response to Initiating Application
- Questionnaire – Parenting
- Questionnaire – Financial
The Annexure to Proposed Consent Parenting Orders will also be updated in the header and instruction text only, to refer to the filing of the annexure with proposed interim consent parenting orders being considered in chambers.
The updated forms will be available on the FCFCOA website from Monday 28 November.
A grace period for the use of the old forms will extend until close of filing on Friday 30 December 2022.
Please see the Update to the profession for full details on the changes.