By Molli Clements

During the height of the COVID-19 pandemic, the Federal Circuit and Family Court of Australia (FCFCOA) has had to implement special measures.

As of 7 November 2022, the FCFCOA published a new special measures information notice to apply to Hearings and other Court event protocols in all States and Territories.

A summary of these changes are as follows:

1. The Court has maintained its preference that no hard copy documents, tender bundles or appearance slips are to be handed up at an in-person Court event. These documents should be provided electronically prior to the Court event to both the Court and the other parties.

2. Mentions, procedural hearings and divorces will be heard electronically through audio-visual link (AVL) when the matter is listed before a Senior Judicial Registrar, Judicial Registrar or Deputy Registrar unless there are exceptional circumstances. If the matter is before a Judge, the matter will be held via AVL or in person as directed by that Judge.

3. Conciliation conferences and dispute resolution conferences will be held via AVL.

4. Interim hearings and final hearings are to be held in person at Court. In circumstances where a party seeks to attend electronically, this request must be made by filing the appropriate Court document.

5. The FCFCOA is no longer accepting documents for filing that had been signed electronically by a party or their solicitor unless it is permitted by the law of the State in which the Affidavit is signed.

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