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Family Law

Joint Special Measures Practice Direction

Berger Kordos Lawyers
02.04.20

The Family Court and the Federal Circuit Court have now released a joint Special Measures Practice Direction in response to COVID-19. In this Berger Kordos Lawyers’ blog, Senior Associate and Accredited Specialist, Rhiannon Saint explains what this means for the legal profession and our clients.

The Practice Direction applies to all applications filed in either Court (including appeals). It contains common sense modifications to the “standard” court practices to reduce the required interaction between clients, the legal profession and the Courts.

The most significant and unprecedented change relates to the signing of court documents including Affidavits, Financial Statements and Consent Orders. These documents can now be signed electronically, including by having the person sign the document by typing their name in lieu of physically signing the document. The Courts will also accept Affidavits (except for divorce applications) and Financial Statements for filing that have not been witnessed. However, the deponent will need to be available via telephone, video conference or in person a later court event (if the judicial officer requires it) to swear or affirm the contents of the document are true and correct.

This is a significant result for both clients and the legal profession as it has been the only task that has been unable to quickly adapt to the new world of remote work. We are pleased that there will be no hurdle in finalising our client’s documents to be filed with the Court.

Berger Kordos Lawyers are available via telephone, email and online video conferencing through these unique times. Whilst our William Street office is currently closed, the BKL team remains dedicated to assisting our clients in a productive and effective manner, whilst providing the same high level of service.

Read the Federal Circuit Court’s Response here.  
Read the Family Court’s Response here.

Berger Kordos Lawyers | www.bkl.com.au