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Practice notes

Practice notes

By Law Institute Journal

Courts Practice & Procedure 


Family Law Courts Family Law Amendment (2018 Measures No. 1) Rules 2018 Due to the Family Law Amendment (2018 Measures No. 1) Rules 2018 there have been a number of changes to Family Court forms as outlined below. Application for consent orders – Form and kit amended The Annexure to consent parenting orders has now been incorporated into the Application for Consent Orders at Item 25. There is no longer a requirement to file a separate Annexure with an application for Consent Orders. The inclusion of this item has changed the numbering of all further questions in the application. Superannuation details have also changed and now proof of the value of the interest/s is to be attached as outlined in the Rules. The superannuation kit is no longer required with an application for Consent Orders. Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders) – new form When parenting orders by consent are sought in Part F of the Application for Consent Orders and the applicant or respondent has certified that there has been, or is a risk of child abuse, neglect or family violence at Item 25, then this new form Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders) must be filed with the application. Other form changes The following forms have been amended and are now used in current cases for parenting orders (not consent orders): Notice of Child Abuse, Family Violence or Risk of Family Violence (Current Case) – new title, changes to form Annexure to Proposed Consent Parenting Order (Current Case) – new title, minor changes to form content. New forms Submitting Notice – new form Notice of Contention – new form Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders) – new form (details above) These forms are available at www.familycourt.gov.au. Website content and publications will also be updated as required. Federal Court of Australia, Family Court of Australia, Federal Circuit Court of Australia, 19 February 2018 Federal Circuit Court of Australia Change to Federal Circuit Court Migration Application The Federal Circuit Court’s Migration Application has been updated to reflect the name change from the Minister for Immigration and Border Protection to the Minister for Home Affairs. Similarly, the name of the Department has been changed to the Department of Home Affairs. The updated form is available on the Federal Circuit Court’s website at www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/forms-and-fees/court-forms/form-topics/Migration/migration_application. Adele Byrne, Deputy Principal Registrar, 15 February 2018 Magistrates’ Court of Victoria Practice Direction 1 of 2018 – Expansion of the fast-tracking listing process to the Court at Mildura, Horsham and Warrnambool Background It is well known with family violence cases that the rate of recidivism for crimes of violence against intimate partners is much greater than crimes of violence against strangers. Accordingly, the Magistrates’ Court of Victoria (the Court) has commenced the introduction in stages of a fast-tracking listing process of these cases. The first stage commenced at the Court at Dandenong on 1 December 2014. The purpose of this Practice Direction is to expand the process to the Court at Mildura, Horsham and Warrnambool. Direction 1. As and from 1 March 2018 all criminal charges arising out of family violence incidents and filed in the Court at Mildura, Horsham and Warrnambool will be listed according to the timelines: a) where the accused person is on bail, from the date of his or her release on bail to the first listing of those charges – one week b) where the accused person has been summonsed, from the date of the interview to the first listing – four weeks c) in either case described in (a) or (b) i) from the date of the first listing to the date of the second listing – four weeks ii) from the date of the second listing to contest mention – four weeks iii) from the date of the contest mention to trial – four weeks. 2. At the time of release on bail or when served with a summons, the accused person must be given a document entitled “Family violence related criminal proceedings”. This Practice Direction commenced on 1 March 2018. Peter Lauritsen, Chief Magistrate, 21 February 2018

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