History of Events
This section provides a brief chronology of events concerning the development of the Federal Magistrates Court of Australia.
Restructure of Federal Courts Announced
On 5 May 2009 the Attorney-General announced that the Rudd Government will restructure the federal courts system by merging the Federal Magistrates Court into the Family Court and Federal Court, consolidating all family law matters under the Family Court and consolidating all general federal law matters under the Federal Court.
The Family Court will be the single court dealing with all family law matters:
- The restructured Family Court will have two tiers
- Existing judges of the Family Court will operate in the first tier and undertake appeals and other complex work
- Federal Magistrates will operate in the second tier and undertake the bulk of the family law work, including some work previously done by judges
- Family law matters will generally be heard initially by a judge in the second tier of the Court, with complex matters being redirected to the first tier
- Federal Magistrates integrated into the Family Court will be renamed ‘judges’.
These changes will take time and clients of the Court are unlikely to experience any disruption or significant change, particularly in this early stage.
More information
7 May 2009
Rule Changes
Amendments have been made to the Federal Magistrates Court Rules 2001. The amendments are contained in the Federal Magistrates Court Amendment Rules 2008.
Federal Magistrates Court Amendment Rules 2008
http://www.frli.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/41CF0F76DBE0EE0CCA2574F000044EDF/$file/0711076A080917EV.pdf and
Explanatory Statement
http://www.frli.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/A4C16FDF4029BD12CA2574F000044F10/$file/F2008L04169.pdf
These can be downloaded from www.comlaw.gov.au
E-filing of divorce applications now available
Applications for Divorce (and certain accompanying documents) can now be electronically filed through the Commonwealth Courts Portal (www.comcourts.gov.au). For more information see the User Guide to eFiling Divorce Applications in Family Law, available at www.familylawcourts.gov.au
New approved forms
Included amongst the amendments is an amendment to the rules in relation to withdrawal of lawyer (Subrules 9.03(1) and 9.03(3)). Currently the rules specify the requirements for written Notices of Withdrawal and Notices of Intention to Withdraw but do not require such notices be in accordance with an approved form. The amendments require the use of approved forms, namely Notice of intention of Withdrawal as Lawyer and Notice of Withdrawal as Lawyer, in circumstances where a lawyer is ceasing to act..
Use of the new forms will be required from 1 December 2008. Any such Notices filed on or after this date must be in accordance with the approved forms.
29 October 2008
Online Application for Divorce
There are a number of steps involved in applying for a divorce. To simplify this process, the Family Law Courts have developed eFiling of divorce applications through the Commonwealth Courts Portal.
This information describes the process for electronically submitting an application (eFiling) with the Federal Magistrates Court of Australia, pursuant to Rules 2.07A and 2.07B Federal Magistrates Court Rules 2001. It does not include the subsequent legal process involved in hearing and granting a divorce.
Registered litigants and representatives from legal firms can now log onto the Commonwealth Courts Portal (www.comcourts.gov.au) and complete the divorce application online.
Registered users will be prompted to enter their relevant details and upload a scanned copy of the marriage certificate or other documents (as required). They are then prompted for payment or to upload documentary evidence relating to an exemption of court fees. They then select from a list of available hearing dates and times.
Once the application is complete, a sealed copy of the application form will be available from the portal. The application form will include the file number and hearing date. Unlike an Application for Divorce filed by post or at a registry, the eFiled divorce application will not be required to be sworn, however it must be accompanied by the ‘Affidavit of Applicant/s’, sworn by the applicant/s. This document will be automatically generated by the portal as part of the printed application.
Prior to service of the divorce application, the Affidavit of Applicant/s needs to be sworn or affirmed before a lawyer, a Justice of the Peace or other authorised person, then uploaded as a scanned image onto the portal.
Once uploaded, a copy of this affidavit with a sealed Confirmation Notice will be available from the portal for downloading and printing.
The Application, Affidavit of Applicant/s, sealed Confirmation Notice and the brochure, Marriage Families and Separation, will need to be served upon the respondent in accordance with the Federal Magistrates Court Rules (see the Divorce Service Kit) .
More information
See the User Guide to eFiling Divorce Applications in Family Law available at www.familylawcourts.gov.au
Call the National Enquiry Centre on 1300 352 000 or email enquiries@familylawcourts.gov.au
6 April 2008
Harmonised Bankruptcy Rules Monitoring Committee
A new committee has been established to monitor the operation of the Federal Court (Bankruptcy) Rules 2005 and the Federal Magistrates Court
(Bankruptcy) Rules 2006.
20 December 2007
Sydney Registry Change of Address
Important announcement for
Federal Magistrates Court forlitigants & practitioners (Sydney)
FEDERAL MAGISTRATES COURT IS MOVING
TO JOHN MADDISON TOWER Levels 5, 6 & 7,
88 Goulburn Street, SYDNEY
8 October 2007
Translated brochures now available on the Review of Migration Decisions by the Federal Magistrates Court
Translated versions of the Federal Magistrates Court's brochure Review of Migration Decisions by the Federal Magistrates Court are now available on the Court's website. The new brochure is available in Farsi, Filipino, Indonesian, Korean, Malayam, Mongolian, Nepalese, Russian, Thai, Vietnamese, Arabic, and Spanish.
The brochure is currently being developed in a further eight languages and will be available in the near future. In the meantime, translations of the previous brochure remain on the website.
18 September 2007
Federal Magistrates Court Amendment Rules 2007
These Amendment Rules include a number of miscellaneous amendments to the Federal Magistrates Court Rules 2001 (‘the Rules’), the most significant being:
Forms removed from prescription by Schedule - now approved by the Chief Federal Magistrate
Amendments to remove the prescription, by Schedule, of forms for use in the Federal Magistrates Court. The amendment will enable forms to be approved by the Chief Federal Magistrate from time to time without the need for a formal rule amendment. A list of forms approved for use in the Court will be available from the website. Attached is a separate memo setting out changes to existing forms and new forms approved for use.
Changes to dispute resolution terminology in light of changes to terminology in Family Law Act
Consequential amendments to the terminology used in the Rules for dispute resolution to accord with the terminology in the Federal Magistrates Act 1999 and Family Law Act 1975 as amended by the Family Law Amendment (Shared Parental Responsibility) Act 2006.
Statement of claim (points of claim) / statement of defence (points of defence) - can be filed in general federal law proceedings rather than a supporting affidavit
Amendments to enable the filing of a statement of claim (points of claim) or defence (points of defence) rather than a supporting affidavit, in proceedings other than family law or child support
New form - Application in a case - for interim, procedural, or interlocutory orders filed after commencement of proceedings
New rules to introduce a new form – Application in a case- for those applications seeking interim, procedural, ancillary or interlocutory orders which are filed after commencement of proceedings. The form will apply to all areas of the jurisdiction of the Court.
Time limits for service of application / application in a case
An amendment to introduce time limits for the service of an application and any document filed, of no less than 3 days before the day fixed for the hearing or an application in a case; or less than 7 days before the day fixed for the hearing of any other application.
New child support rules
New rules in relation to child support proceedings which will also include applications for child maintenance. These new rules facilitate determination of such matters, where possible, on the first return date. The new rules also include rules in relation to appeals from the Social Security Appeals Tribunal (‘SSAT’) consistent with recent legislative amendments to the child support legislation.
25 June 2007
New forms
New process for approval of forms (other than for bankruptcy forms)
The Federal Magistrates Court Amendment Rules 2007 introduce a new approval process for forms used in the Federal Magistrates Court. Forms are now approved by the Chief Federal Magistrate, without the need for a formal rule amendment. The new approval process does not apply to bankruptcy forms which are prescribed by way of a Schedule to the Federal Magistrates Court (Bankruptcy) Rules 2006.
Most of the forms previously prescribed under the Rules are now approved. However there are some new forms and minor changes to previously prescribed forms..
Review of forms
Over time, the Court will review all the forms approved for use to ensure they are in a uniform format and are consistent with the legislative aims of the Court. The Court will also endeavour to make these changes in a way which does not present practical difficulties in view of the shared jurisdiction of the Court.
Separate initiating application/response for general federal law proceedings (where no specific application is otherwise approved)
In light of the combined Initiating Application (family law) being trialled for use in the Family Court and the Federal Magistrates Court, a separate initiating form of application and response is approved for use in general federal law proceedings. The new Application–General Federal Law is approved for use in all general federal law proceedings other than those that have a separate application; for example, ADJR, bankruptcy and migration. The new Response–General Federal Law is approved for use in all general federal law proceedings other than those that have a separate response; for example, bankruptcy.
New form - Application in a Case
The new Application in a Case is approved across all areas of the Court's jurisdiction and is approved for use for interlocutory/interim/procedural orders which are filed after the initiating application. The Rules still provide that a party cannot seek interim orders unless they also seek final orders. The application and supporting affidavit must be served on all persons against whom the order is sought in accordance with Part 6 of the Rules.
No need to file a separate information sheet
The combined Initiating Application (family law) and the new Application-General Federal Law includes the information previously captured in the separate information sheet which was required to accompany certain family law applications and applications alleging unlawful discrimination. For this reason the need to file an information sheet in addition to the application is no longer required and rule 4.06 is repealed.
Rule 4.05 requires an affidavit stating the facts relied upon to be filed with an application or response. This rule is amended to provide for the filing of a statement of claim (points of claim) or defence (points of defence) in general federal law proceedings. The Court has amended the Affidavit form for simplification.
New form – Notice of Appeal (Child Support)
In view of recent amendments to the child support legislation, new child support rules are prescribed. The combined Initiating Application (family law) will be approved for use for those child support proceedings that can still be filed in the Court rather than going to the Social Security Appeals Tribunal. A new Notice of Appeal (Child Support) is approved for appeals against a decision of the Social Security Appeals Tribunal (SSAT), or the Child Support Registrar (CSR) to issue a departure prohibition order. The forms currently prescribed for child support enforcement proceedings are approved for use. A new brochure is available which must be served to accompany applications for child support filed in the Court.
Implementation and availability
The Court will accept the new forms from 30th June 2007, but litigants and practitioners can continue to use the forms previously prescribed. Please note there has been no amendment to the 'substantial compliance rule’
(Subrule 2.04) which provides that, unless otherwise ordered, a form prescribed for a similar purpose for use in the Family Court or the Federal Court may be taken as substantially complying with the Federal Magistrates Court form requirement.
25 June 2007
Compulsory Dispute Resolution
From 1 July 2007, if you want to apply to the Court for a parenting order (and you have not previously applied), you will need a certificate from a registered family dispute resolution provider which confirms that an attempt at family dispute resolution was made. There are some exceptions to this requirement, such as cases involving family violence or child abuse.
For more information, go to the Family Relationships Online Website www.familyrelationships.gov.au/fdr
The Federal Magistrates Court has issued Practice Direction No 2 of 2007 which outlines the procedure for complying with the requirements.
Applicants wishing to apply for an order under Part VII of the Family Law Act 1975, will be required to provide a certificate from a registered family dispute resolution practitioner, unless there is an exception to this requirement under section 60I(5) or (9).
Practice Direction No 2 of 2007 'Family Dispute Resolution - applications for orders under Part VII Family Law Act 1975' outlines the procedural requirements for applications who seek to file an application for an order under Part VII of the Family Law Act 1975 in the Federal Magistrates Court of Australia.
Please note: If the requirements set out in the Practice Direction are not met, the Court may not be able to deal with the application, may take the failure to meet the requirements into account in deciding costs and/or you may be ordered to attend family dispute resolution.
25 June 2007
General federal law trial in Family Law Courts
The Federal Magistrates Court, Federal Court and Family Court are
working together to improve general federal law services to clients in
rural and regional centres.
From March 1 2007, Family Law Courts’ registries in Dandenong, Newcastle, Parramatta, Lismore and Townsville are receiving general federal law
documents for the Federal Court and Federal Magistrates Court as part
of a trial to improve services.
28 February 2007
Application for Divorce, Response to Divorce and Divorce Service Forms
New divorce and divorce service forms and kits will be introduced on
5 February 2007.
For more information.
Practice Direction: No.1 of 2007
22 January 2007
Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006 - Commencing 4 May 2006
The Act commences on 4 May 2006 and confers additional jurisdiction on the Court in the following areas:
Trade Practices
The Act extends the Court's existing consumer protection trade practices jurisdiction (Part v Division 1 - unfair practices and Division IA - product safety and product information) to include matters arising
under Part IVA (unconscionable conduct), Part IVB (industry codes), Division 1AAA (pyramid selling) and 2A (actions against manufacturers and importers of goods) of Part V and VA. The monetary limit on damages has been increased from
$200,000 to $750,000.
Admiralty
The Federal Magistrates Court now shares jurisdiction under the Admiralty Act 1988 with the Federal Court and State Courts in in personam actions. These courts can also remit in rem actions to the Federal Magistrates
Court.
Administrative Law
The Court has been given jurisdiction to hear appeals against departure prohibition orders issued under the Child Support (Registration and Collection) Act 1988.
Transfer of Jurisdiction
The Federal Court and Family Court have enhanced transfer powers to transfer any matters in their jurisdiction to the Federal Magistrates Court.
See a copy of the Amending Act at:
http://www.comlaw.gov.au/ComLaw/Legislation/Act1nsf/asmade/bytitle/
E6297C673161F590CA25714C0022906B?OpenDocument
4 May 2006
Workplace Relations
Commencing 27 March 2006
The Federal Magistrates
Court has been given jurisdiction to hear and determine matters under the Workplace Relations Act 1996. The jurisdiction is similar to the workplace relations jurisdiction exercised by the Federal Court including unlawful termination claims
as a result of the commencement of the Work Choices legislation. In particular, the Court can hear matters under Section 170 CP of the Act, including unlawful terminations, unfair contracts and breaches of agreement making.
31 March 2006
New Bankruptcy Rules and Forms
Federal Magistrates Court (Bankruptcy) Rules 2006 New harmonised Bankruptcy Rules commence on 6 February 2006 in relation to bankruptcy matters in both the Federal Magistrates Court of Australia and the Federal Court of Australia.
The Federal Magistrates Court (Bankruptcy) Rules 2006 replace Chapter 4 of the Federal Magistrates Court Rules and the Federal Court (Bankruptcy) Rules 2005 replace Order 77 of the Federal Court Rules.
The new harmonised Bankruptcy Rules commence on 6 February 2006. They will be available on the Internet from the ComLaw site at http://www.comlaw.gov.au.
While the new Rules are based closely on the current Chapter 4 FMCR and Order 77 FCR, there is a new version of the prescribed form of creditors petition, which includes the affidavit verifying paragraphs 1, 2 & 3 of the petition.
Creditors petition checklists no longer will be sent to applicants' legal representatives. Instead copies will be available for collection from registries.
The Federal Magistrates Court Amendment Rules 2006 (No. 1) contain a number of miscellaneous amendments, the most significant of which include:
- Consequential amendments as a result of the approval of separate bankruptcy rules by way of the Federal Magistrates Court (Bankruptcy) Rules 2006
- Amendments to rules in relation to divorce proceedings consistent with amendments to the Family Law Act to replace the terms 'dissolution of marriage', ' decree nisi' and ' decree absolute' with 'divorce and
'divorce order'
- Amendments to cater for the commencement of Family Law Amendment Act 2005 insofar as it provides for the enforcement of obligations under a bond
- The introduction of a new prescribed form of affidavit of service for proceedings generally (previously no particular form of affidavit was prescribed) and some drafting amendments to the service rules generally
- A new rule to permit the court to dispense with attendance for cross-examination of a person making an affidavit
- A new power delegated to Registrars under the Family Law Act to rescind a divorce order under section 57 of that Act
- Amendments consistent with amendments made to Order 81 by the Federal Court Amendment Rules 2004 (No. 4) SR 281 of 2004 which remove the requirements that an application for relief under the HREOC Act and a response to such an
application be accompanied by an affidavit in support by prescribing forms 167 and 168 of the Federal Court Rules for use in human rights proceedings in the Federal Magistrates Court
- Amendment to the subpoena rules to introduce new terms and tighten up the existing rules
- Amendments to the rules in relation to ending a proceeding early to rationalise and make more consistent
6 February 2006
Family Law Courts launch a 1300 number
The Family Court of Australia and Federal Magistrates Court of Australia today launched a nationwide 1300 phone number to assist people seeking advice with divorce or family law procedures.
Calls will be automatically redirected to a family law registry close to the caller's location until the national inquiry centre at Parramatta commences operations early next year.
3 November 2005
New Chief Federal Magistrate
Chief Federal Magistrate John Pascoe AO took up his appointment as Chief Federal Magistrate on the 14th July 2004.
Chief Federal Magistrate Pascoe was appointed to replace the former Chief Federal Magistrate, Diana Bryant, who was appointed Chief Justice of the Family Court of Australia.
14 July 2004
Federal Magistrates Court (Delegation to Registrars) Rules 2000 - Repealled - 3 November 2003
Federal Magistrates Court (Delegation to Registrars) Rules 2000
Statutory Rule 2000 No.171
Note this Rule is repealed and PDF version
is provided here only for historical reasons.
3 November 2003
Results of the 2002 Survey on Awareness and Performance
The Federal Magistrates Court of Australia (FMC) was established to provide a simple and accessible forum for resolution of less complex federal law matters. It is to operate in a less formal way.
A second annual survey of legal practitioners has been undertaken by the FMS.
The FMC engaged Profmark Consulting Pty Ltd to conduct a survey of legal practitioners who had used the court. The survey was approved by the Commonwealth Government Statistical Clearing House.
A total of 172 practitioners from around Australia participated in the interviews.
The results of the survey will contribute to the assessment of organisational performance for the FMS.
5 September 2002
Missing Children in Australia
The Federal Magistrates Court of Australia will post profiles of missing children where a publication order has been issued.
Section 121 of the Family Law Act 1975 makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons or witnesses involved in family law
proceedings. The section also extends the prohibition to the publication of any picture.
Occasionally, the Federal Magistrates Court may make a Section 121 Publication Order under the Family Law Act. This allows the media to publish and broadcast information released by the court. Publication
Orders are made in rare circumstances where the court is seeking the public's help in locating a missing child or children. Once a Publication Order has been lifted and Section 121 of the Family Law Act reinstated, no further
information on the case can be published or broadcast.
Section 97 of the Family Law Act 1975 provides that all proceedings in the court shall be heard in open unless the court decides otherwise.
1 March 2002
Results of the 2001 Survey on Awareness and Performance
The Federal Magistrates Court of Australia (FMC) was established to provide a simple and accessible forum for resolution of less complex federal law matters. It is to operate in a less formal way.
After almost 12 months of operation, the FMC sought feedback about whether its objectives are being met and any suggestions for improvement. In particular, the FMC sought feedback regarding whether
clients were satisfied that their disputes had been handled quickly, simply and economically and whether there was sufficient information available about the service.
The FMC engaged Profmark Consulting Pty Ltd to conduct a survey by contacting a limited sample of legal practitioners who had used the court during the previous 12 months. At this time, the FMC has not
sought to directly survey the actual parties to disputes.
The results of the survey are intended to contribute to assessment of organisational performance for the FMS.
12 November 2001
Federal Magistrates Court of Australia releases its rules
The Federal Magistrates Court of Australia releases its rules which commenced from Monday, 30 July 2001.
23 July 2001
Federal Magistrates Court of Australia completes first year
A diverse range of cases has come before the Federal Magistrates Court of Australia in its first 12 months of operation. The court has heard matters in all areas of its new workload, including family law, sex
and racial discrimination and business disputes.
Celebrating its first anniversary, Chief Federal Magistrate Diana Bryant said family law and bankruptcy had been the main areas of work since the FMC began hearing cases on 3 July last year.
The FMC is also establishing most of the new law in the human rights area.
28 June 2001
 Draft Rules
The Federal Magistrates Court of Australia released its draft rules in April 2001.
The FMC was mindful of the unique opportunity given to if ot starting afresh and creating new rules consistent with the legislative objectives. To this end, the FMC decided to consult widely to draw upon the
views of others - members of the profession, court users and the like - in settling the draft rules.
Written submissions closed on 7 May 2001 and many suggestions were incorporated into the final rules.
7 May 2001
 First Magistrates Sworn In
The first nine federal magistrates have been sworn in at a ceremonial sitting in Melbourne.
While the most important people in any court are the litigants, the first bench of the Federal Magistrates Court of Australia represents the future of the new court. The first nine
magistrates are: Norah Hartnett and Murray McInnis in Melbourne, Judy Ryan and Stephen Scarlett in Parramatta, Michael Baumann in Brisbane, Christine Mead in Adelaide, John Coker in Townsville, Warren Donald in Newcastle and
Jim Brewster in Canberra. It is expected that additional appointments will be made over the next few months, so that the Service will soon have its initial complement of 16 federal magistrates.
28 June 2000
 First Rules Signed
The Chief Federal Magistrate signs the first set of rules for the Federal Magistrate Service.
Federal Magistrates Court (Delegation to Registrars) Rule 2000 Statutory Rule No.171,
26 June 2000
Federal Magistrates Court of Australia begins operation
The Federal Magistrate Service will accept matters from 23 June 2000 in all registries.
The Service will sit as the Federal Magistrates Court of Australia in Melbourne, Parramatta, Adelaide, Newcastle, Brisbane and Townsville on 3 July 2000.
Federal magistrates have not been appointed in some capital cities and federal magistrates will not be resident in the non-family law jurisdiction of the court in most places other than Sydney and Melbourne. However, arrangements will be made for the first court date of some non family law matters, such as
discrimination and bankruptcy matters, in other places to be conducted by videolink.
Rules of court specific to the Federal Magistrates Court of Australia have not been made. Under section 43 of the Federal Magistrates Act 1999 the Federal
Court rules or the Family Law rules will apply, with appropriate modification, to the practice and procedure of the Federal Magistrates Court of Australia.
23 June 2000 |
