Family Law Changes

Most of the changes will come into effect on Monday 6 May 2024. In most cases, from this date, these changes will apply to all new and existing parenting proceedings, except where the final hearing has already begun. Some of the changes will apply even where a final hearing has already begun.

Commencement timing

Family Law Amendment Act 2023

Family Law Amendment (Information Sharing) Act 2023

Practical considerations

Practitioners or parties who are preparing to file an application in the Court that will be affected by these changes (such as an application for parenting orders or a contravention application) should carefully consider the timing of their application and the laws that will apply to finalise that application.

Practitioners or parties who have a current proceeding in either Court should carefully consider the timing of the next hearing in the matter. If the next hearing is after 6 May 2024, and based on an assessment of the relevant application provisions, the new law will apply to the proceeding, practitioners and parties should ensure the submissions filed or made, and the orders sought, are in accordance with the new law.

For example, if you filed an application on 1 March 2024, and it is listed for an interim hearing on 8 May 2024, the new laws will apply to the interim hearing.

It is important that you understand the meaning and effect of the orders you seek. You should seek legal advice about your application and how the new laws apply.

Even if you have decided to make your application without the help of a lawyer, you should obtain independent legal advice about the effect and consequences of the orders you propose. You can get legal advice from a legal aid office, community legal centre, or private law firm.

See Family law: Find a lawyer.

Court staff can help you with questions about forms and Court processes, but cannot give you legal advice.

Applications for consent orders

If, after 6 May 2024, the Court is considering an Application for consent orders that includes parenting orders, the new laws will apply even if the application was filed before 6 May 2024. Orders cannot be made if they do not meet the criteria in the new provisions.

Parties filing a parenting related application should consider the new laws commencing on 6 May 2024 in deciding when to file their Application for consent orders with the Court. It generally takes approximately two weeks for the court to make Consent Orders after an Application for consent orders is filed.

Frequently asked questions

What do the changes mean for my current parenting matter?

You should obtain legal advice about the application of the new law to your current parenting matter or your individual circumstances.

In most cases, the changes will apply to all existing parenting proceedings, except where the final hearing has already begun. Some of the changes will apply even where a final hearing has already begun.

If you have a current proceeding, you should carefully consider the timing of the next hearing in your matter. If the next hearing is after 6 May 2024, and based on an assessment of the relevant application provisions, the new law will apply to the proceeding, you should ensure the submissions filed or made, and the orders sought, are in accordance with the new law.

Should I wait until after 6 May 2024 to file my application with the Court?

You do not have to wait until after 6 May 2024 to file an application with the Court. You should obtain legal advice about the law that will apply at the time your file an application.

I have a current matter, do I need to file new forms with the Court?

No, not necessarily. The Court will reissue certain court forms from 6 May 2024, mostly where they reference sections of the law that have changed. From 6 May 2024, if you need to file a court form, you should use the new form, which will be the versions published on the website.

Otherwise, you should comply with any orders or directions of the Court as to the re-filing of any court form.

Will there be a grace period for court forms?

Information about changes to the court forms and any form grace periods will be available soon.

Will my current parenting orders be automatically changed by the new laws?

No, existing court orders remain in full force and effect. People with existing parenting orders should continue to follow the terms of those orders.

Forms

Why have the forms changed?

Some court forms have changed because they asked questions that referred to concepts in the Family Law Act that have been removed or changed because of the Family Law Act Amendments.

Other forms have been changed to update instructions or remove outdated wording or instructions that are no longer relevant.

When do I have to use the new version of the forms?

You should use the new forms if you need to file one of the forms listed in the tables above after 4:30pm on 3 May 2024.

There is a grace period for use of the old forms until 4:30pm (close of filing) on 7 June 2024 for all of the amended forms except for the:

▪ Annexure to Proposed Consent Parenting Order (Current Case)

▪ Application – Enforcement, and

▪ Application for Consent Orders if parenting orders are sought.

Where can I view the amended forms?

Each form is hyperlinked in the first column of the tables on the Practice and procedure update. If you click the hyperlink, the form should open in Microsoft Word.

If you have questions about what the changes mean, such as:

▪ What does ‘removing the ‘presumption' of equal shared parental responsibility’ mean?

▪ What does ‘best interest of the child’ mean?

▪ Can I apply to have my existing orders changed under the new laws?

You can find preliminary information in the Attorney-General’s Department factsheets:

▪ Family Law Amendment Act 2023: Factsheet for family law professionals

▪ Family Law Amendment Act 2023: Factsheet for parents

You should seek legal advice about your application and how the new laws apply to your individual circumstances.

Practice and procedure updates

22 May 2024 - Practice and procedure update: Urgent family law applications

6 May 2024 - Practice and procedure update: Practice directions

2 May 2024 - Practice and procedure update: Family Law Rules

23 April 2024 - Practice and procedure update: Forms