On 10 August 2023, the Family Justice Courts (“FJC“) announced that it has been undertaking a comprehensive review and redesign of the Family Justice Rules (“FJR“). The FJR will be amended and will comprise three volumes (collectively, “new Rules“):
(a) Family Justice (General) Rules (“General Rules“);
(b) Family Justice (Probate and Other Matters) Rules 2023; and
(c) Family Justice (Protection from Harassment) Rules 2023 (“PH Rules“).
Key changes include:
(a) Expansion of the simplified track for divorce and judicial separation proceedings under Part 2, Rule 8 of the General Rules.
(b) Protection from harassment proceedings in the Family Court.
Other changes include:
(a) simplification and streamlining of the new Rules;
(b) nomenclature changes;
(c) commencement of Action by way of Originating Application and doing away with pleadings for Matrimonial Applications;
(d) requirement to file a Binding Summary setting out a summary of the parties’ respective positions (replacing the fact and position sheet with the joint summary in ancillary matters proceedings under Part 2, Rule 18 of the General Rules); and
(e) alignment of the process for most applications, for example harmonising the number of affidavits to be filed under Part 5, Rules 12 and 15 of the General Rules.
For more information, click here to read the full Legal Update.
