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Practice notes

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Cite as: December 2015 89 (12) LIJ, p.61

Federal Circuit Court of Australia
Changes to Federal Circuit Court forms

Changes have been made to the approved form for the purpose of r 44.05 Federal Circuit Court Rules 2001: Application – Migration Act and Notice of Appeal – Child Support. The changes are as follows:

Migration

An additional question to identify whether an applicant or applicants are currently in immigration detention and other minor changes.

Notice of Appeal – Child Support

This form has been amended to include a separate section within the notice headed question/s of law in addition to the grounds of appeal. This is accompanied by an amendment to the instructions stating the applicant must state the question or questions of law arising from the decision.

Adele Byrne, Principal Registrar, 14 October 2015
The Magistrates’ Court of Victoria
Practice Direction No. 9 of 2015 – Capping of Family Violence Intervention Order lists at the Magistrates’ Court of Victoria sitting at Broadmeadows Background

In recent years, the number of applications for intervention orders under the Family Violence Protection Act 2008 has grown significantly. The ability of the Court, lawyers, police, support workers and others to perform their respective roles has been compromised. Effective family violence outcomes require sufficient time for the Court to address the requirements of the Act and for lawyers, police, support workers and other professionals to conduct themselves in accordance with relevant standards.

The purpose of this Practice Direction is to implement an effective system for listing Family Violence Intervention Orders by setting a limit on the number of matters in a family violence application list at Broadmeadows Magistrates’ Court.

The introduction of this process at Broadmeadows is the first stage. The impact of the capped lists will be monitored and will inform the expansion of capping to the other regions of the Court.

Direction

As and from 26 October 2015, the number of applications for family violence intervention orders under the Family Violence Protection Act 2008 will not exceed 40 per list. The applications include applications to revoke, vary or extend existing orders. This “cap” excludes urgent applications for interim family violence intervention orders which will proceed by allocation to another courtroom.

This Practice Direction starts on 26 October 2015.

Peter Lauritsen, Chief Magistrate, 22 October 2015
The Magistrates’ Court of Victoria
Practice Direction No. 10 of 2015 – Intervention Orders – Mention and Directions Hearings Checklist Preamble

Practices have developed at different venues of the Court requiring different case management information forms to be completed in relation to intervention order proceedings.

This practice direction is designed to harmonise those practices and promote consistency across all venues of the Court.

FVIO and PSIO intervention order mention and directions hearings checklist:

1. This practice direction applies to intervention order applications under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010 respectively.

2. Unless the magistrate otherwise orders, the checklist must be completed and filed with the Court at all hearings other than the day upon which a proceeding is listed for a contested hearing.

This Practice Direction commences on 2 November 2015.

Peter Lauritsen, Chief Magistrate, 22 October 2015
State Revenue Office
Release of Regulatory Impact Statement on proposed Land Tax Regulations 2015

The existing Land Tax Regulations 2005, which set out matters relating to the lodgement of the notice of acquisition and the fee payable on a land tax clearance certificate, expire on 20 December 2015. It is intended that the current regulations are replaced by proposed Land Tax Regulations 2015 which are currently in draft. The draft regulations will address matters relating to lodging a notice of acquisition as well as a proposed marginal increase in the fee for land tax clearance certificates.

The exposure draft of the proposed regulations can be viewed at www.sro.vic.gov.au/resources/land-tax-regulations-2015-exposure-draft and the regulatory impact statement relating to the land tax clearance certificate fee at www.sro.vic.gov.au/resources/land-tax-regulations-2015-regulatory-impact-assessment.

You can submit your comments on the draft regulations and/or the regulatory impact statement by 5pm, 27 November 2015.

For more information, please go to www.sro.vic.gov.au.

State Revenue Office, 30 October 2015

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