Will my local court case still be valid if the federal rules change halfway through?

The situation

I am currently living in South Australia and have been involved in a messy separation for about eighteen months now. Back in January 2023, we started a formal process through our local state court to sort out our property division and child custody arrangements because we thought that was the simplest way to handle it. My ex-partner and I had already reached a preliminary agreement regarding the family home, which is valued at approximately $850,000, and we had several hearings scheduled throughout the last year. However, I recently heard some news on the television suggesting that the government might change the way these jurisdictions work and might cancel the special arrangements that allow our state courts to handle these specific family matters. If the Governor-General decides to revoke the proclamation that lets our local courts deal with these family law issues, I am incredibly worried about what happens to the progress we have already made. I have already spent over $12,000 on legal fees and mediation sessions. If this change happens next month, will the decisions our local judge has already made stay valid, or will my entire case be wiped out and forced to start all over again in a different court system?

Detailed Analysis

You do not need to worry about your $12,000 investment or the progress made on your $850,000 property division being erased. Under the Family Law Act 1975, if the Governor-General decides to revoke the proclamation that allows your local state courts to handle family law matters, the law protects what has already happened.

Specifically, regarding the revocation of proclamations, the law states that "the effect of the revoked Proclamation on the jurisdiction of courts before the specified day is not affected"^[1]. This means that even if the rules change next month, the power your local court had to hear your case and make decisions up until that specific day stays intact. The change only affects how things are handled from the new date forward; it does not act as a 'reset' button for your existing proceedings.

Similarly, if your case involves a Supreme Court of a State, the law provides that "nothing in this section invalidates a decree made by such a Supreme Court"^[2]. A 'decree' is a formal legal order or judgment made by a court. This ensures that any final orders your judge has already made regarding your child custody or property division cannot be undone simply because the court's authority to hear *new* cases is being changed.

While your current progress is protected, the change might affect how you handle any *new* applications or how you transfer future parts of your case. However, the work you have already completed and the decisions already handed down by the judge remain legally binding^[1].

Note that state, provincial, or local laws may add further rules regarding court procedures, which you should check with a local legal professional.

Statutory Citations

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