New Family Court rules have introduced a procedure for leave applications by parties who are subject to litigation abuse orders that prevent them from taking steps in an existing proceeding or commencing new proceedings without a judicial leave.

The Family Court Amendment Rules 2026 insert a new r 220A into the Family Court Rules 2002 with effect from 26 March 2026 to support s 12B of the Family Court Act 1980, which was inserted by s 5 of the Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025.

Section 12B allows orders to be made, on a judge’s own initiative or on an interlocutory application, restricting a party from commencing, or taking further steps in, proceedings without leave where they have engaged in litigation abuse against another party. See our previous News & Updates post and our Family Law guides for more details about those orders.

The new r 220A, and other related amendments to the rules, provide that an application by a party who is subject to a s 12B order must:

• be made on notice;
• identify what the applicant proposes to do; 
• identify the proceedings, if proceedings are already on foot;
• be accompanied by written submissions not exceeding 10 pages setting out why leave should be granted; and
• where the proposed step requires documents to be filed, be accompanied by those documents and any other documents they intend to file.

A new r  228A provides the procedure for the court’s consideration and determination of applications under r 220A. They are referred to a judge in chambers who may:

• make any orders considered appropriate;
• direct that the application be treated as made on notice and require service on the other parties; or
• dismiss the application.

If the application is dismissed, the judge can, despite the usual requirement under r 206(1), direct that the order dismissing it need not be served on other parties to the proceedings.

The By Lawyers Family Law guides for Parenting, Family Violence, and Relationship Property Division have been updated accordingly.

The Employment Relations Amendment Act 2026 commenced on 21 February 2026, introducing several significant changes to the Employment Relations Act 2000.

Unjustifiable dismissal threshold

Employees whose base salary exceeds $200,000 are no longer able to bring an unjustifiable dismissal claim unless their employment agreement permits it. The threshold amount is indexed annually pursuant to a statutory formula.

Gateway test for contractors 

The definition of employee in s 6 of the Employment Relations Act 2000 has been amended to introduce a legislative test to determine whether a worker is an employee or an independent contractor. The test is based on factors such as the existence of a written agreement, the ability to subcontract the work, control over hours of work, and whether the worker is free to work for others.

Restrictions on personal grievance remedies

If an employee has engaged in serious misconduct such as fraud or harassment, and their behaviour contributed to the grievance, certain personal grievance remedies are now unavailable to them.

Removal of the 30-day rule

The rule that new employees must be employed on the terms of any collective agreement for their first 30 days, regardless of union membership, has been abolished. Employers must now inform new employees of any collective agreement and of their right to join the union and be bound by it. If the employee chooses to remain subject to an individual agreement, a 90-day trial period may apply from the first day of employment.

Publication updates

The By Lawyers Employment Law guide has been updated in line with these changes and to assist practitioners in applying the new provisions in practice.