Family Law regulations - FED

The following changes to various regulations under the Family Law Act apply from 1 April 2025:

• The Family Law Regulations 2024 replace the 1984 Regulations,
• The Family Law (Superannuation) Regulations 2025 replace the 2001 Regulations, and
• The Family Law (Family Dispute Resolution Practitioner) Regulations 2025 replace the 2008 regulations.

The new provisions are substantially the same as the old ones, but they are renumbered and have minor drafting changes to modernise them and support the operation of the Family Law Act after some recent amendments. Regulation 53 of the 2024 Regulations now contains the prescribed Information Sharing Agencies for the purpose of the Federal Circuit and Family Court of Australia being able to issue Information Sharing Orders. The superannuation regulations support Parts VIIIB and VIIIC of the Family Law Act 1975 by prescribing:

• the methods and factors for valuing superannuation interests;
• the way in which superannuation payment flags and splits are put into effect; and
• the information that trustees must provide to parties to property proceedings, and to couples negotiating a superannuation agreement.

The Family Dispute Resolution Practitioners Regulations provide for the accreditation, certification, and administration of such practitioners. By Lawyers Divorce, Children, Financial Agreements and Property Settlement guides have been updated to reflect the new regulations as required. The following FCFCOA forms have changed to update references to the regulations:

• Consent order kit;
• Application for consent orders;
• Superannuation information kit;
• s 60I Certificate of Dispute Resolution;
• Application in arbitration;
• Form 1 (previously Form 1A) - Request for service abroad of judicial documents and certificate;
• Form 2 - (previously Form 2A) - Summary of the documents to be served;
• Form 6 - Application for arbitration;
• Form 7 - Application relating to relevant property or financial arbitration;
• Form 8 - Application to register arbitration award;
• Form 9 - Application to register decree affecting registered arbitration award;
• Response to an application in an arbitration;
• Subpoena in arbitration.

The new version of the s 60I certificate must be used after 1 April 2025 but certificates in the old form issued within 12 months will still be accepted.