On 22 October 2014 the Federal Circuit Court Amendment (2014
Measures No 1) 2014 Rules were registered.
Pursuant to this legislation there were a number of Amendments
to the Federal Circuit Court rules, the most notable, is the
introduction of a new Form of Risk ("the Form"), which
replaces the Notice of Child Abuse, Family Violence, or Risk of
Family Violence (Form 4) and the requirement for any party
filing an Initiating Application or Response seeking Parenting
Orders to file the Form irrespective as to whether any allegations
of risk of or actual family abuse and violence has been raised by
The Notice of Risk is now intended by the Court to fulfil
it's obligations under s69ZQ(1)(aa) of the Family Law Act 1975
(in asking the parties whether they consider that they or the
children have been at risk or are at risk of family violence or
abuse). The purpose of the Notice of Risk is to better identify a
wider range of risks to children in parenting proceedings assisting
the Court to fulfil its obligation pursuant to section 69ZQ of the
Family Law Act 1975. It will also enable more timely notification
to relevant child protection authorities and facilitate the early
identification of a range of risks and ensure matters receive
appropriate and targeted early intervention; by providing that in
circumstances where it is indicated that the children of the
relationship have been or are at risk, the Registry Manager is
required to provide a copy of the Form to the prescribed child
welfare authority to enable investigation of the contents of the
Notice of Risk.
The Form is required to be served on all parties to the
proceedings (including the Independent Children's Lawyer)
together with the Initiating Application/ Response and Affidavit in
support. Please note that if the Affidavit in support of the
Initiating Application/Response does not address the allegations
raised in the form, a separate Affidavit is required to be filed in
support of the Form.
The Legislation came into effect on 12 January 2015 and the
Registry will no longer accept Applications/Response for filing
without the Form a copy of which is enclosed herewith for your ease
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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