The Federal Circuit and Family Court of Australia (Division 2) has introduced the General Federal Law Rules 2025, which replace the 2021 Rules and will apply to all general federal law proceedings, including migration matters, from 1 September 2025.
These Rules replace the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (GFL Rules 2021) and will come into effect on 1 September 2025.
Part 25 of Chapter 3 of the 2025 Rules governs special classes of proceedings, including migration proceedings. While most provisions in this Part mirror those in the GFL Rules 2021, several new rules have been introduced without direct equivalents in the previous version:
- Rule 25.11 requires a party seeking to vary or set aside a judgment or order under Rule 24.04 to file their application within 21 days of the judgment or order being entered.
- Rule 25.12 outlines the circumstances in which written reasons for judgment will be published when reasons have been delivered ex tempore by a Judge.
- Rule 25.15 empowers the Court to certify that it was reasonable for a party in a migration proceeding to engage legal representation — including more than one advocate.
- Rule 25.16 allows the Court to dismiss a migration application if the applicant dies and no interest or liability survives their death. Such an order may be made in chambers without a hearing.
In addition, Schedule 2 of the Rules addresses costs. Part 3 of the Schedule is divided into two divisions:
- Division 1 deals with costs in concluded migration proceedings.
- Division 2 deals with costs in discontinued migration proceedings.
These provisions largely reflect Divisions 1 and 2 of Part 2 of Schedule 2 of the GFL Rules 2021.
Link: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025