There are a number of procedural changes regarding the conduct of Migration proceedings in the Federal Circuit Court and Family Court of Australia (FCFCOA). These changes will apply from 29 November 2021.
Migration applications filed in the FCFCOA in all registries from that date will no longer be allocated a First Court Date (FCD) listing.
These applications will now be listed on a date-to-be-advised basis, and standard orders will be made in chambers approximately 8 weeks after the application was filed, on the proviso that a Response has been filed by the Minister (which must be within 8 weeks of filing/service of the application). This is similar to the process that occurs in the Federal Court of Australia.
Attached is a copy of each of the three sets of standard listing orders for hearing that may be issued from 29 November 2021: (1) final hearing orders; (2) extension of time orders; and (3) summary dismissal orders. The type of orders to be issued will be determined by a Registrar in chambers.
Parties may approach the Migration Team to seek to have the standard orders varied by consent, or to have the matter listed for directions before a Registrar or a Judge if the standard orders are not appropriate.
Existing FCD listings for dates after 1 December 2021 will be vacated and standard orders will be made in chambers, with the parties to be advised accordingly.
These reforms follow a process of consultation with the profession that occurred in late 2020. Many detailed and considered responses were received during consultation which greatly assisted the Court in its consideration in developing appropriate standard orders. The Court wishes to thank the profession for its valuable input in the development of the standard orders. The new standard orders also incorporate changes that accompanied the creation of the FCFCOA and the adoption of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 that came into effect on 1 September 2021, and the MIG-CPD Central Practice Direction.
Enquiries regarding the above standard orders and new procedures can be directed to the Migration Team.
Proposed Standard Orders – Migration – Summary dismissal
Proposed Standard Orders – Migration – EOT
Proposed Standard Orders – Migration – Final hearing
FEDERAL COURT OF AUSTRALIA
Commonwealth Law Courts Building
305 William Street, Melbourne Victoria 3000