National Contravention List to Handle Non-Compliance with Family Law Orders

Having commenced 1 September 2021, the Federal Circuit and Family Court of Australia are now equipped with a dedicated electronic Court list to investigate and manage non-compliance with Family Law Orders.

This change follows a recommendation from the Joint Select Committee on Australia’s Family Law System in March this year, with Chief Justice William Alstergren noting “compliance in family law has long been a real problem for our system” and “it is perhaps the worst jurisdiction in Australia for compliance.”

Non-compliance has significantly impacted the effectiveness of the Court and has subjected parties to further frustration and delay following long Divorce, Parenting and Property proceedings.

Under the new National Contravention List, applications will be administered by Registrars at first instance, who will assess each application and where appropriate, refer to either a Senior Registrar or Judge.

The key objectives of this new list are:

1. To efficiently deal with applications on a national basis in a timely, cost effective and safe way for all litigants;
2. For applications to be given a first return date within 14 days of filing;
3. To ensure compliance with Court Orders by all parties;
4. To impose appropriate penalties or sanctions where a contravention has been proved and where a party has failed to demonstrate that they had a reasonable excuse for non-compliance with Court Orders;
5. To proactively facilitate the resolution of underlying issues in disputes that lead to the filing of such applications;
6. To triage appropriate matters to dispute resolution; and
7. To be responsive to a party’s wishes to resolve matters without recourse to litigation.

It is hoped the National Contravention List will provide speedy and cost-efficient mechanisms for parties to enforce compliance with Family Court Orders.

If your ex-spouse is not complying with Family Court Orders, our solicitors are able to assist you in making a Contravention Application to the Federal Circuit and Family Court. Please contact our offices on (02) 8917 8700 should you require assistance.