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 party.

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 of reference.

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.