Update 4 - The information below summarises the significant changes in Family Law since Update 3 which was published on 3 August 2006 (see below for earlier updates)

• Child Support Agreements
  New types of agreements came into force on 1 July 2008.  Limited, which last for 3 years, and binding. These are similar to Financial Agreements and require legal representation for both parties. Lawyers are required to sign certificates of advice. These agreements can only be changed in exceptional circumstances,  

   

  Refer to the CSA site on forthcoming changes.  Private Agreements are under the Other Changes Tab. Read this information carefully. There is potential for negligence claims here. See also the Summary of the CSA site under "Important Family Law Sites Summarised" for more details. It is up to date as at October 2008.

• Trial and Case Management Pathway - The Docket System
  The system for dealing with cases, particularly after the primary resolution phase has passed is being changed dramatically. Importantly, every case will be allocated to a specific Judge and Registar. The concept is that the case will always come before the same judicial officer, thus offering a more efficient system. The theory is great, if you strike the right, hard working judicial officer.

   

  The system is being brought in for all cases over a staggered time frame. New filings will be subject to the docket system.

   

  The Family Court Website has a comprehensive powerpoint summary on the Docket System.

• Financial Agreements
  Strict compliance with legislative requirements are vital, otherwise the agreement is VOID. See the updated green text in Chapter 14. You must also read  the Full Court decision of Black and Black [2008] FamCAFC 4

   

  A powerpoint summary of the main issues with financial agreements presented by Peter Szabo on 8 September 2008 is available on request by email.

• Less Adverserial Trial
  The procedure is best explained by reading the Full Court decision of Truman  [2008] FamCAFC 4

   

  A Parenting Questionaire must be filed by your client on the first hearing date of the trial. This is a vital document and you should ensure counsel settles it!

• Child Abuse and Consent Parenting orders
  
  Notification to the court required.

   

  The Form described as the Annexure to Draft Consent Parenting Order (download from Family Court Website) must be filed in all parenting cases where consent orders are filed. The form deals with the issue of child abuse. You either indicate that there are no such allegations, or you set out details of the allegations and how in the proposed consent orders those allegations are dealt with.

   
  
   

Previous Updates

The site also offers commentaries on recent developments in Family Law, for the benefit of practitioners and clients. It is well worth a visit.

The completed version has been available since 22 October 2006. Any queries should be directed to me by email at pszabo@mdlaw.com.au

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