From 7 November 2022 Federal Circuit and Family Court of Australia (FCFCOA) updated its COVID-19 protocol in response to the changing COVID-19 situation around the country. The protocol now applies in every state and territory except Western Australia.
The protocol, in summary, is:
CovidSafe measures:
- Attendance at a court registry for a court event when COVID-19 positive: If a court user (including a party, their legal representative, a witness, an expert, or an interpreter) has tested positive for Covid-19 within seven (7) days of a court event scheduled, they must notify the Court and other parties, as soon as practicable. The Court will then provide directions as to the conduct of the matter. Usually, electronic attendance will be required unless an application for adjournment is granted based on a party or practitioner testing positive for Covid-19.
- Attendance via audio visual link: where a court event is to proceed in person, a person who is seeking to appear via audio visual link must make an application to do so. Such request is made by filing a ‘Request to attend by electronic communication’ form. The request for attendance via audio visual link must be made:
- For final hearing: 28 days before the final hearing; and
- For any other court event: 5 business days before the court event.
- Final hearings: all final hearings before a local judge will be conducted in person unless directed otherwise by the presiding Judge. All final hearings before an interstate or non-local Judge will be conducted electronically unless directed otherwise by the Chief Justice/ Chief Judge.
- Interim or interlocutory hearings: all interim hearings before a local Judge or Senior Judicial Registrar will be conducted in person unless directed otherwise by the presiding Judge or Senior Judicial Registrar.
- Other short hearings (such as first return hearings, directions, and divorces): All short and procedural hearings, except Compliance and Readiness Hearings, listed before a Judge or Senior Judicial Registrar will be heard electronically unless directed otherwise,
- Dispute resolution events: Conciliation and dispute resolution conferences ( such as mediation) will be conducted electronically unless the registrar considers that the matter requires an in-person attendance .
- Court children’s Service events: interviews and observation conducted in preparation for a Court Children’s Service report may be conducted in-person or electronically, depending upon the nature of the assessment. Parties will be advised of such through court orders or by the report writer.
- Social distancing: all court users must adhere to social distancing, at least 1.5 metres away from all other court users.
- Face masks: at present, face masks are optional within all court registries. However, they are strongly encouraged.
- Documents: The Court prefers that all court documents and tender bundles be sent to the Court electronically rather than in hard copy (although each Judge will have their preferences for this).
For further information regarding the new protocols, please contact our Family Law team.
