Family Law’s Newest Addition – Revised Practice Note 2
The Family Law Practice Note 2 includes procedures for scheduling applications in Family Chambers, the materials that parties must file in these applications and the filing deadlines for Special Chambers applications.
But the new version of the Family Law Practice Note 2 that comes into effect October 1, 2015, is 13 pages (as opposed to the previous 5) and includes a number of revisions that make some big changes. Some of these changes include:
- A separate appendices (A, B and C) to Family Practice Note 2 sets out the appropriate filing venues for Family Chambers applications in each judicial centre (including contact numbers), filing deadlines for Special Chambers applications, and even a list of leading family law decisions;
- Increased detail in regards to procedures for obtaining leave for the filing of additional materials, the presentation of oral evidence, and adjournments and the filing of Orders;
- Increased detail in regards to scheduling applications;
- Detailed guidelines on procedure and materials needed for cross-applications;
- The addition of Confirming Letters (short statement explaining what each party seeks and the basis for the request) with a 5 page limit unless there is a cross-application;
- Font type and size as well as margin restrictions for Confirming Letters; and
- New filing deadlines for Special Chambers Applications, Affidavits and Confirming Letters.
This new practice note is a must read as failure to comply as of October 1, 2015, can result in the removal of your application from the schedule, or having the presiding Justice refuse to hear the application and/or award costs against the offending party.
The new Family Practice Note 2 is located under the Family Practice Notes tab on the Court of King’s Bench website at:
https://albertacourts.ca/court-of-queens-bench/practice-notes