Changes affecting First Court Dates in Migration Matters

Federal Circuit and Family Court of Australia

There are a number of procedural changes regarding the conduct of Migration proceedings in the Federal Circuit Court and Family Court of Australia (FCFCOA) that will apply from 29 November 2021.

Migration applications filed in the FCFCOA in all registries from that date will no longer be allocated a First Court Date (FCD) listing.

These applications will now be listed on a date-to-be-advised basis, and standard orders will be made in chambers approximately 8 weeks after the application was filed, on the proviso that a Response has been filed by the Minister (which must be within 8 weeks of filing/service of the application). This is similar to the process that occurs in the Federal Court of Australia.

Attached is a copy of each of the three sets of standard listing orders for hearing that may be issued from 29 November 2021:

  1. final hearing orders;
  2. extension of time orders; and
  3. summary dismissal orders.

The type of orders to be issued will be determined by a Registrar in chambers.

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