ALERT: New Procedure in the Federal Circuit Court from 1 January 2018 for Interim Applications
The Federal Circuit Court has released a new practice direction for interim family law applications. The procedure applies to all matters, including self-represented parties and commences from 1 January 2018. Here is a brief overview:
The ‘practice direction’ notes that all interim court applications will now be dealt with in an “abridged and circumscribed manner”.
In summary the main changes to be aware of are:
- Affidavits must not be greater than 10 pages or contain more than 5 annexures. If an affidavit longer than this is filed the Judge may either:
- give leave to a party to rely on it;
- not read the affidavit at all;
- require the non-complying party to select 10 pages from the affidavit and only those pages will be read by the Judge; or
- make a cost order against the non-complying party.
- If a respondent seeks different orders to the applicant, the applicant may file an additional affidavit in answer. That affidavit must comply with the direction to be limited to 10 pages and 5 annexures.
- Affidavits filed 48 hours prior to a court hearing may only be relied upon if the Judge gives leave to that party.
It is important for parties to be aware of these new directions when filing material after 1 January 2018 as the direction states that if a party fails to comply with any of the requirements in the practice direction, then the matter may lose priority in being heard or be adjourned with a costs order.
We highly recommend that you seek professional legal advice on all Family Law matters to ensure you comply with all requirements and achieve the best possible outcome. To organise your initial fixed-fee consultation please call (07) 3221 4300.
