Contributed by Sarah Cappello, Joey Tass, Margaret Gotsopoulos & David Thompson, Hunt & Hunt Lawyers
The Federal Circuit and Family Court of Australia (FCFCOA) has again updated its COVID-19 protocol in response to the changing COVID-19 situation around the country. The protocol now applies in every state and territory except Western Australia.
The protocol, in summary, provides that:
In-person Court Attendance
COVID-19 precautions- Parties, lawyers, witnesses and interpreters should only physically attend Court if told to do so by a Judge or Registrar. People not required to attend Court (e.g. friends and family) should not attend.
- Check-in: Anyone attending Court in-person must check in using the QR code
- Vaccination: Except for in exceptional circumstances, everyone coming to the Court or the Registry in person must be double-vaccinated against COVID-19. Attendees will need to confirm their vaccination status to the Court prior to in-person Court events.
- Masks: Anyone attending Court in-person must wear a face mask. Judges and Registrars are not required to wear face masks during Court proceedings and masks can be taken off temporarily by attendees when speaking to the Registrar or Judge.
- Social distancing: People attending Court in-person must stay 1.5m apart and follow Court directions about the number of people in rooms.
- Cleaning: The Court will clean "high-touch" areas between matters where possible and at the end of each day.
- Water: The Court will not supply water jugs. Attendees should bring their own water bottles.
- Testing: Court user should not physically attend Court if they have COVID-19 symptoms, have tested positive within the last 2 weeks, are awaiting the result of a test, are a close contact, or have been told to isolate.
- Documents and tender bundles should be sent in to the Court electronically, rather than in hard copy (although each Judge will have their own preferences for this).
- If someone cannot attend Court in-person due to COVID-19, they should make a request to attend electronically (or to adjourn, if remote attendance isn't possible).
- Short procedural hearings (such as directions, mentions and divorce lists) will take place electronically.
- Registrars will decide whether it's appropriate for dispute resolution or children's report interviews to be held in person, but by default they will occur electronically.
- Judges will decide whether it's appropriate for hearings to be in-person.
- Unvaccinated attendees may be asked to attend electronically or take a RAT test.
The Court also runs a National COVID-19 List for urgent applications filed as a direct result of (or which have a significant connection to) the COVID-19 pandemic. Examples of matters appropriate for the COVID-19 list include:
- Where there has been an escalation of Family Violence due to COVID-19.
- If there is a dispute about Vaccination of a child.
- If there are difficulties in a parent fulfilling their parenting obligations due to COVID-19 Medical issues, Travel or Border Restrictions or COVID-19-related employment.
- If a Contact Centre used by the parents to supervise time is closed and an alternative unable to be agreed on.
- If a party is in Urgent Financial Distress due to COVID-19 and requires urgent property or spousal maintenance orders.
