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The Family Court and Federal Circuit Court of Australia have released important updates regarding family law proceedings and the impact of COVID-19. The team at Kalpaxis Legal wants to inform you of these changes and to ensure that you are aware of the potential changes to your family law proceedings.
WHY?
Recommendations regarding the Courts’ response to COVID-19 are underpinned by the need to ensure the health and safety of all involved in running and attending Court, as well as maintaining access to justice and ensuring the effectiveness of the Courts’ operations. The Court is following the advice of the Commonwealth in relation to minimising the spread of the virus in the community. It is expected that this advice is likely to change at short notice. All Court attendees must also adhere to Government advice in relation to self-isolation and the management of symptoms.
Kalpaxis Legal wants to reassure our clients that it is business as usual and we are not only operational during this time, but we are committed to providing the best level of diligence and service. We will be in touch with you regarding your individual matter as things progress.
Summary of new arrangements for Family and Federal law
Urgent vs non urgent?
- Urgent and priority trials and contested hearings will remain listed and will be conducted in the safest manner possible.
- Non-urgent property only trials may be adjourned for an appropriate period of time, and non-urgent parenting trials will be given similar consideration at the discretion of the Judge.
- Trials or hearings that can appropriately be done by telephone will be.
- All court based events, or attendances of the judiciary or court representatives at external events, will be cancelled or postponed, or conducted by telephone or videoconference if possible.
- The work conducted by Registrars and the Courts’ Child Dispute Service’s staff is currently under review.
If you are attending court:
- High volume lists that are required to be conducted in person will be staggered to reduce the number of people in attendance.
- The number of people to attend a courtroom at any one time (other than the judge and their support staff) will be limited to 8 people (‘8 person in-court cap’).
- Additional people involved in matters must remain outside the courtroom.
Callovers:
- The balance of the Sydney Federal Circuit Court callovers will be vacated immediately and adjourned to a date to be fixed.
Registrar events
Divorces
- Where attendance is required, divorces will be conducted by telephone to the greatest extent possible, effective from Thursday, 19 March 2020 to the end of June 2020.
- Joint applications – will be done by Registrars on the papers and parties are not required to attend Court. If a party has selected to attend at Q2(a) of the divorce application, they will be advised that attendance is not required.
- Sole applications –
- IF NO CHILDREN OF THE MARRIAGE: Court attendance is not required. Parties and lawyers should not attend Court in-person under any circumstance.
- IF THERE ARE CHILDREN UNDER THE AGE OF 18: Court attendance is required (by the Act) if there are children under the age of 18 years. Attendance should be via telephone and parties and lawyers are requested not to attend Court in-person. Applicants will be sent an email advising that they are to attend a virtual courtroom and will be provided an AAPT number to dial-in to the virtual courtroom.
- Communication to lawyers/parties
- Where there are children under the age of 18 years, and Court attendance is required for sole applications, registry staff will send emails to lawyers and applicants advising that attendance should be via telephone.
- If the applicant is seeking orders for dispensation of service, these will dealt with by telephone.
- Conduct of divorce lists
- Divorce lists will be staggered into three time slots per day. Each time slot will have a maximum of 10-12 matters listed. The list will be split between two Registrars, facilitating staggering and telephone attendances.
- Matters will be listed to the end of June 2020, allowing for increasing adjournment slots in July and August.
FCoA Directions List
- All Family Court Registrar Directions Lists will be conducted by telephone where limited to a procedural issue.
- There will be no requirement to attend Court in-person, attendance will be via telephone.
Conferences (FCoA & FCC)
- All Case Assessment Conferences and Conciliation Conferences will be conducted via telephone.
- Practitioners and parties will be sent dial-in details with relevant AAPT account numbers.
- Practitioners and parties are still required to provide/exchange the usual documents in advance of the Conciliation Conference (where ordered by the Judge) and proposed orders to both the Court and to the other party prior to the conference.
- There will be no requirement to attend Court in-person.
Circuits
- Where possible, Registrars will utilise video/telephone alternatives for events that would otherwise be conducted on circuits.
Discrete Property Lists, PPP500 Lists and Contravention Lists
- Discrete Property Lists and PPP500 Lists will be conducted via telephone rather than in-person.
- There will be no requirement to attend Court in-person, attendance will be via telephone.
- All associated Conferences are to be conducted via telephone where possible.
FCoA Senior Registrar Lists
- Parties and practitioners should attend by telephone if possible.
- The parties and practitioners are still required to provide a short case outline, identifying the evidence they wish to rely upon together with a minute of proposed orders.
Documents for telephone hearings
- Any documents that would usually be handed up on the day of an in-person hearing or conference, must now be provided by the parties by email to the Registry at least one business day in advance of the hearing or conference by telephone.
CDS events
Child Dispute Conferences
- All Child Dispute Conferences (CDCs) will be conducted by telephone.
- Parties will be sent dial-in details with relevant AAPT account numbers or, alternatively, will be asked to provide their contact details.
- There will be no requirement to attend Court in-person.
Child Inclusive Conferences
- Existing orders for Child Inclusive Conferences (CICs) will, subject to the views of the Judge, be serviced as CDCs. We are actively discussing with Judges moving towards more CDCs (which can be done via telephone) rather than CICs for as many matters as possible, as quickly as possible.
- Where a necessary CIC has been ordered, it will be conducted consistent with social distancing principles as far as possible.
Child Responsive Program (FCoA)
- Meetings with the adult parties (MIA) will be conducted by telephone.
- Necessary meetings with children (MCF) will proceed as arranged at the Registry.
Family reports
- Family report interviews scheduled will proceed as arranged, unless the parties are advised otherwise by CDS but will be conducted consistent with social distancing principles as far as possible.
Circuits
- Where possible, Family Consultants will utilise telephone alternatives for CDCs that would otherwise be conducted on circuits. We are in the process of reviewing all circuit arrangements and the Courts will provide further information shortly.
Up to date information may be found at the Courts’ websites:
http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/online-services/covid/covid-news-hp
http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/online-services/covid/covid-news-hp
Kalpaxis Legal is firmly committed to providing the best level of service and is readily available to assist in your family law matter. Rest assured, that we will ensure that proceedings run smoothly and that your concerns are met.
If you would like to discuss your family law matter, please contact us here or give us a call on (02) 8631 8593.[/vc_column_text][vc_empty_space][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”1/2″][qode_elements_holder number_of_columns=”one_column”][qode_elements_holder_item advanced_animations=”no”][vc_single_image image=”308″ style=”vc_box_circle_2″ onclick=”custom_link” qode_css_animation=”element_from_fade” link=”/meet-the-family/”][/qode_elements_holder_item][qode_elements_holder_item advanced_animations=”no”][vc_column_text]
By Cassandra Kalpaxis
Collaborative Family Lawyer
Parenting Expert[/vc_column_text][/qode_elements_holder_item][/qode_elements_holder][/vc_column][vc_column width=”1/2″][/vc_column][/vc_row]
