Family Court (Sex or Gender Changes) Rules 2025

The Rules set out a small set of recurring concepts and procedural definitions that structure how the Court handles sex or gender change applications. Those concepts are defined in r 3 and used throughout the instrument.

• Sex or gender application: a defined term meaning an application made under specific sections of the BD&M Act (36L(1), 36M(2), 36N(1), 36V(1), 36W(2) or 36X(1)) (r 3). The Rules do not repeat the substantive thresholds or legal standards from those BD&M Act sections; they provide the Court process to be used when those BD&M Act applications are brought before the Family Court (r 4).

• Approved form: any form approved by the Chief Judge (r 3). The Rules make multiple filings contingent on using an approved form , the primary sex or gender application (r 5(1)), a name application under the Children and Community Services Act when accompanying a sex or gender application (r 6(2)), and ancillary applications (r 7(1)). That concentrates procedural standard-setting power with the Chief Judge by reference rather than prescribing the form contents in the Rules themselves.

• Affidavit: given the meaning in the Family Court Rules 2021 rule 4 (r 3). The Rules require different affidavits in different contexts: an affidavit by each applicant attached to a sex or gender application that must include specified matters (r 5(2)(a)), evidence of any appropriate clinical treatment related to the child’s sex or gender (r 5(2)(b)), and a certified copy of the child’s birth certificate (r 5(2)(c)). Ancillary applications must be supported by affidavits separate from those supporting the main application (r 7(2)-(3)). Responses must be accompanied by an affidavit addressing the respondent’s relevant involvement, views and facts relied on (r 9(3)).

• Child: used in relation to a sex or gender application to denote the person the application concerns (r 3). The Rules treat child-specific evidence differently depending on whether the applicant is an adult asserting their own sex or gender, a parent acting for a child, or a guardian acting in place of a parent (see r 5(2)(a)(ii)-(iv), r 6).

• Accompanying sex or gender application and name application: defined for the purpose of cross‑reference to the Children and Community Services Act 2004 s 63(3A) (r 6(1)). Where a name application under that Act is made at the same time as a sex or gender application, the Rules apply to the name application with necessary modifications (r 6(4)). The accompanying sex or gender application must state the applicant’s views about the change of name (r 6(3)) and the name application must be lodged in an approved form (r 6(2)).

• Ancillary application: an application for an order in relation to a sex or gender application, made in an approved form, lodged with affidavit evidence and requiring that affidavit evidence be separate from the main application’s affidavit material (r 3, r 7).

These concepts create a process-focused regime: the Rules set what documents must be filed, who may respond, which facts must be sworn, and how the Court schedules an initial directions hearing. They do not define the substantive criteria for granting a change of recorded sex or gender; those criteria are within the BD&M Act sections that give rise to a “sex or gender application” (r 3, r 4). The Rules also rely on external instruments for particular standards and definitions, notably the Family Court Rules 2021 for the meaning of affidavit (r 3) and the BD&M Regulations 1999 for the categories of sex or gender that may be specified (note to r 5).

The Rules allocate duties and procedural rights across a small set of parties and Court officers. They primarily affect applicants, children who are the subject of applications, parents, guardians, other persons concerned with a child’s care, the Family Court registry and judicial officers, and clinicians or other professionals whose evidence is called.

• Applicants and children: Anyone making a sex or gender application under the BD&M Act sections identified in r 3 must use the approved form (r 5(1)) and lodge the required affidavit material (r 5(2)). If the application concerns a child, the Rules require evidence of any clinical treatment the child has received in relation to sex or gender (r 5(2)(b)) and a certified copy of the child’s birth certificate (r 5(2)(c)). Where a guardian applies (under the specified BD&M Act guardian provisions), the affidavit must explain why the parents cannot exercise parental responsibilities (r 5(2)(a)(iv)). Those obligations impose document and evidence‑collection tasks on applicants and therefore on the entities (for example, clinics, hospitals or practitioners) that hold certifying or clinical records.

• Parents and guardians: Each parent or legal guardian of the child is expressly permitted to lodge a response (r 9(1)(a)). The Rules thus create a procedural participation right for parents and guardians to be heard, including an obligation to file an affidavit stating their views and facts relied on (r 9(3)). Guardians can also be applicants; however the guardian applicant must address parental capacity issues in their affidavit if their authority arises from BD&M Act guardian provisions (r 5(2)(a)(iv)).

• Other persons concerned with the care, welfare or development of the child: The Rules allow such persons to lodge a response (r 9(1)(b)) but they must explain in affidavit why they are concerned with the child’s care, welfare or development (r 9(3)(a)). This creates an evidentiary threshold for third‑party participation focused on demonstrating a connection to the child’s wellbeing.

• Applicants’ supporters: The Rules explicitly prevent the applicant or a person who supports the application from lodging a response (r 9(2)). That limits antagonistic cross-participation by supporters; it also clarifies who may be heard in opposition.

• Court officers: The Chief Judge controls what constitutes an “approved form” (r 3). The Duty Registrar receives written requests for earlier directions hearing dates (r 8(3)) and the Court must fix the directions hearing (r 8(1)). The Court decides whether an earlier hearing is necessary if requested (r 8(2)(a)-(b)). The Court also directs service (r 11) and may determine matters in Chambers where all entitled persons support the application (r 10).

• Clinicians and record‑keepers: The applicant must supply “evidence of any appropriate clinical treatment that the child has received in relation to the child’s sex or gender” (r 5(2)(b)). That places an evidentiary demand on clinicians, hospitals and record‑keepers to provide documentation or certificates if asked, subject to usual privacy and consent constraints outside these Rules.

• Births, Deaths and Marriages registry and other regulators: While not named as parties within the Rules, the BD&M Act and Regulations are referenced for substance (r 3 definition of sex or gender application and the note to r 5 about prescribed kinds of sex or gender). The RDMS registry’s cataloguing process and statutory requirements are the substantive backdrop to these Court procedures.

Who pays and bears the compliance costs? The Rules assign most immediate compliance costs to applicants and respondents. Applicants must prepare and file approved forms and detailed affidavits, obtain certified birth certificates and clinical evidence, and attend directions hearings. Respondents who choose to participate must prepare affidavits explaining their relationship to the child and their views. The Court bears administrative costs of fixing hearings, arranging service as it directs, and maintaining approved forms. The Chief Judge bears the administrative task and discretion of approving filing forms.

The Rules create discrete procedural duties for applicants, respondents and the Court, and a limited set of procedural rights for participation and for determination in Chambers.

Duties of applicants

• Use an approved form for the sex or gender application (r 5(1)). The “approved form” is as approved by the Chief Judge (r 3), so applicants must obtain and use the current version held by the registry.
• Lodge the application in the Court together with specified affidavit material (r 5(2)). The affidavits must be by each applicant and must state “all of the facts relied on in support of the application” (r 5(2)(a)(i)). Depending on the particular BD&M Act section relied upon, the affidavit must state the applicant’s views about the child’s or the applicant’s sex or gender and any other relevant views (r 5(2)(a)(ii)-(iii)).
• Where a guardian applies under the specified BD&M Act guardian provisions, explain in affidavit why the parents cannot exercise their parental responsibilities (r 5(2)(a)(iv)).
• Provide evidence of any appropriate clinical treatment the child has received in relation to sex or gender (r 5(2)(b)).
• Provide a certified copy of the child’s birth certificate (r 5(2)(c)).

Duties for ancillary applicants

• Ancillary applications must be made in an approved form and be accompanied by affidavit evidence of the facts relied on (r 7(1)-(2)). That affidavit must be separate from the affidavit evidence supporting the sex or gender application (r 7(3)).

Duties for respondents

• Persons permitted to respond (each parent or guardian; any other person concerned with the child’s care, welfare or development) may lodge a response in an approved form (r 9(1), r 9(3)). Responses must be accompanied by affidavits setting out reasons for involvement if the respondent is not a parent or guardian, the respondent’s views about the application, and all facts relied on in support of the response (r 9(3)(a)-(c)).
• The Rules bar the applicant or a supporter from lodging a response (r 9(2)).

Duties and powers of the Court

• On filing, the Court must fix a date for a directions hearing in relation to the application (r 8(1)). The date must be “as soon as practicable” after the end of the 42‑day period that begins on the day the application is lodged, unless an earlier date is requested in writing by a person entitled to be heard and the Court considers an earlier date is necessary (r 8(2)-(3)). The Duty Registrar receives earlier date requests and must be given written reasons (r 8(3)).
• If all persons entitled to be heard support the application, the Court may determine the application in Chambers (r 10(1)). Where an application is determined in Chambers, the Court must record the determination and reasons in writing (r 10(2)).
• The Court directs service of sealed copies of applications, ancillary applications, responses and any affidavits in support (r 11). The Rules leave the specific method and persons to be served to the Court’s direction.

Procedural rights granted

• The right to be heard: parents, guardians and other persons concerned with a child’s care can lodge a response and participate (r 9).
• The right to request an earlier directions hearing: persons entitled to be heard may request an earlier date in writing to the Duty Registrar and must include reasons (r 8(3)). The Court retains discretion whether the earlier date is necessary (r 8(2)(b)).
• The right to determine the matter in Chambers if all persons entitled to be heard support the application: where that unanimity exists, the matter may be resolved without a public hearing, subject to the Court recording the determination and reasons in writing (r 10).

The Rules do not expressly set time limits for filing responses or ancillary applications; they set the timetable for an initial directions hearing instead (r 8). They also do not specify procedural consequences for failing to comply with a filing requirement (for example, omitting a certified birth certificate), leaving enforcement to judicial processes and registry practice under the Court’s supervisory powers.

The Rules do not prescribe fines, statutory penalties or criminal sanctions for non-compliance with their provisions. They are procedural rules governing Court practice and the instrument does not include express penalty clauses. Enforcement therefore operates through the Family Court’s procedural controls and discretion rather than through standalone statutory sanctions within the Rules themselves.

Mechanisms of practical enforcement and compliance control available to the Court under these Rules include:

• Control of filing acceptance and directions: the Court must fix a directions hearing date on filing (r 8(1)). The Court may use its procedural powers at that directions hearing to require compliance, impose orders, or adjust the timetable for the proceeding. The Rules set the timing expectation (the directions date is, by default, as soon as practicable after the end of 42 days from lodgment unless a justified earlier date is sought) but do not specify sanctions for missed appearances (r 8(2)-(3)).
• Service as the Court directs: the Court directs how sealed copies of applications, ancillary applications and responses and supporting affidavits must be served (r 11). Non‑service or defective service can be cured by orders of the Court, or may lead to adjournment or other procedural consequences, as is usual in Court practice; however those typical Court powers are not restated within these Rules.
• Requirement of sworn evidence: the Rules require affidavits to state all facts relied on and, where relevant, to set out views about sex or gender and reasons why parents cannot exercise parental responsibilities (r 5(2), r 9(3)). Failure to provide required affidavit material may lead the Court, at directions, to refuse the filing or to order further evidence, but the Rules themselves do not create statutory penalties.
• Determination in Chambers where uncontested: the Court may determine a matter in Chambers if all persons entitled to be heard support the application (r 10(1)). Conversely, contested matters will proceed to directions and further process, which can have resource and scheduling consequences for parties.

Because the Rules are procedural, enforcement is exercised through judicial case management, the Duty Registrar’s role in scheduling (r 8(3)), and the registry’s acceptance of filings in approved form (r 5(1), r 7(1), r 6(2)). The instrument does not create new enforcement bodies or administrative sanctions beyond Court practice. Parties should therefore expect compliance to be enforced through case management orders, directions and judicial sanctions available within the Court’s general procedural powers rather than by fixed monetary penalties embedded in these Rules.

The Rules are explicitly cross‑referential and operate in conjunction with other statutes and instruments, rather than supplanting them. The principal interactions are:

• Births, Deaths and Marriages Registration Act 1998 (BD&M Act): The Rules apply for the purposes of the Court exercising its jurisdiction under BD&M Act Part 5A (r 4). The “sex or gender application” is defined by reference to specific BD&M Act sections (36L(1), 36M(2), 36N(1), 36V(1), 36W(2) or 36X(1)) (r 3). The Rules do not reproduce the substantive legal standards or eligibility criteria contained in those BD&M Act provisions; they provide the Court’s procedural route for handling applications that fall under those substantive provisions. The note to r 5 reminds that the BD&M Act sections require specification of a sex or gender of a kind prescribed in the BD&M Regulations 1999. That means the substantive availability of relief, and the permissible forms of sex or gender to be recorded, are controlled elsewhere and the Rules simply provide the Court process for such statutory claims.

• Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Act 2024: Commencement of these Rules is expressly tied to the commencement of s 40 of that amending Act if that section commences later than publication (r 2(b)). This creates a contingent commencement mechanism linking procedural rules to a substantive legislative amendment.

• Children and Community Services Act 2004 (CCS Act): The Rules provide for the situation where a name application under CCS Act s 63(3A) is made at the same time as a sex or gender application , the “accompanying sex or gender application” and “name application” defined in r 6(1). The Rules require the name application to be lodged in an approved form (r 6(2)), require the affidavit accompanying an accompanying sex or gender application to state the applicant’s views about the change of name (r 6(3)), and make any rule under the Act that applies to an accompanying sex or gender application apply, with necessary modifications, to the name application (r 6(4)). That creates procedural alignment between the Court processes under these Rules and the CCS Act’s name‑change permission mechanism for children under care.

• Family Court Rules 2021: The Rules import the meaning of affidavit from Family Court Rules 2021 rule 4 (r 3). That links evidentiary requirements and the formalities of sworn evidence to the Family Court’s existing general rules on affidavits.

• Births, Deaths and Marriages Registration Regulations 1999: The Rules reference, via the note to r 5, that a sex or gender application must specify a sex or gender of a kind prescribed in those Regulations. That means the permitted categories for recording sex or gender are controlled by the Regulations rather than these Rules.

These interactions produce a layered compliance and decision framework. The Rules are primarily procedural and rely on substantive thresholds, permitted categories and broader definitions found in the BD&M Act, its Regulations and adjoining statutes like the CCS Act. That design concentrates substantive determinations about eligibility, and the permissible categories for recording sex or gender, in the BD&M Act and its Regulations while leaving the Family Court to manage the disclosure, hearing timetable and formal record‑making functions.

Operationally, the cross‑references create dependencies and potential sequencing issues: the Rules require applicants to supply evidence and to comply with forms approved by the Chief Judge, but substantive eligibility is determined under BD&M Act provisions and the Regulations. The commencement linkage in r 2(b) means the Rules may come into force only when a particular provision of the BD&M amendment commences, which can postpone procedural availability even after the Rules are published.

The Rules include a brief compilation table and an express commencement provision that together record the instrument’s initial publication and the possible contingent commencement date.

• Publication and commencement: The compilation table records the Family Court (Sex or Gender Changes) Rules 2025 as SL 2025/72, published 14 May 2025, with commencement recorded as 30 May 2025 subject to r 2(b) and SL 2025/80 cl 2. Rule 2 provides that the Rules come into operation either on the day after publication on the WA legislation website or, if later, on the day on which section 40 of the Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Act 2024 comes into operation (r 2(a)-(b)). The compilation table entry specifies the practical commencement date of 30 May 2025.

• Textual amendments within the Rules: The Rules as provided contain no internal amendment clauses beyond the standard commencement mechanism. There are no schedules or transitional provisions in the Rules themselves that alter the content of other instruments. Instead, the Rules reference status and content from other Acts and regulations (see r 4 and the note to r 5).

• Defined terms list: The instrument includes a defined terms list at the end that notes where certain terms are defined within the Rules (for example, “accompanying sex or gender application” at r 6(1), “sex or gender application” at r 3). The Rules direct users to the cross‑referenced Acts (BD&M Act, CCS Act) for substantive definitions and thresholds.

• Licensing and attribution: The Rules conclude with a standard copyright and licensing statement attributing the work to the State of Western Australia 2025 and marking the content as available under a Creative Commons Attribution 4.0 International Licence. While not an amendment history item, this indicates the official publication framework for the Rules.

As the Rules stand, any further amendments to procedure , including changes to approved forms or directions practice , would likely occur by subsequent legislative instruments (statutory rules) or by updates to the Family Court’s approved forms as exercised by the Chief Judge. There is no history of prior iterations of these specific Rules shown within the compilation table included here, and no transitional or savings clauses are set out in the provided text.

The Rules themselves contain no references to case law, judicial decisions, or prior litigation. The instrument’s text does not cite judicial authorities, nor does the compilation table list any litigation history or decisions applying these Rules. Accordingly, as a standalone document it records no litigation that has interpreted or applied its provisions.

Implications and practical notes arising from an absence of litigation history in the instrument:

• Lack of precedent: There are no reported rulings within the Rules to indicate how the Court will apply or interpret key procedural phrases used in these Rules, for example “as soon as practicable” in r 8(2), what constitutes sufficient “evidence of any appropriate clinical treatment” in r 5(2)(b), or the standards for being “concerned with the care, welfare or development of the child” in r 9(1)(b)-(3)(a). Parties and advisers therefore operate initially without internal precedential guidance specific to these Rules and must prepare to meet likely judicial expectations at first instance.
• Reliance on Court practice: In the absence of established judicial interpretation, registry practice, judicial case management directions and approved form content (as determined by the Chief Judge) will be influential in shaping how the Rules are applied in practice. The Court’s directions hearings under r 8 will therefore be a primary mechanism by which procedural expectations are operationalised.
• Evidence thresholds to be developed in practice: The Rules set evidentiary requirements in general terms, for example requiring that affidavits state “all of the facts relied on” (r 5(2)(a)(i), r 9(3)(c)). Compliance and sufficiency of that evidence will be tested through practice and then, possibly, through future litigation, but no such testing or reported decisions are recorded in the instrument itself.
• Records and confidentiality questions: Where determinations are made in Chambers and a written record of determination and reasons is required (r 10(2)), the lack of litigation history means there is no precedential guidance on how reasons will be published, redacted or managed for privacy , an operational matter parties may need to raise at directions.

For now, the Rules should be treated as procedural scaffolding that courts, practitioners and registries will operationalise through early cases. Until judicial decisions emerge, practical compliance will be governed by the Rules’ text, the content of approved forms and the Family Court’s case management practice.

The Rules include several procedural features and drafting choices that can catch practitioners and parties if not anticipated. These features create specific evidentiary, timing and form risks. Each “gotcha” below is grounded in the Rules’ text and identifies the concrete mechanism by which problems can arise.

1. Approved form control: The Rules require multiple lodgments in an “approved form” (r 5(1), r 6(2), r 7(1), r 9(3)). The term “approved form” is defined as a form approved by the Chief Judge (r 3). Failure to use the current approved form is a procedural defect that could result in the registry not accepting the filing, the Court directing re‑filing, or delay. Practitioners must confirm the current approved form at the registry before lodgment.

2. Content of affidavits is demanding and specific: The sex or gender application must be accompanied by an affidavit from each applicant stating “all of the facts relied on” (r 5(2)(a)(i)) and, depending on the BD&M Act section, the applicant’s views about sex or gender and other relevant views (r 5(2)(a)(ii)-(iii)). The breadth of “all facts relied on” can catch filers who provide only summary statements rather than full factual narratives. The Rules also require evidence of “any appropriate clinical treatment” for the child (r 5(2)(b)). Parties should ensure clinical records or practitioner affidavits are available and that consent or privacy issues are addressed before filing.

3. Certified birth certificate required: A certified copy of the child’s birth certificate must accompany the application (r 5(2)(c)). Omitting the certified birth certificate is a discrete, easily preventable omission that can delay acceptance or progress of the application.

4. Separate affidavits for ancillary applications: Ancillary applications must be supported by affidavit evidence that is separate from the affidavit evidence in support of the sex or gender application (r 7(2)-(3)). Combining affidavits or relying on the same affidavit for both proceedings risks non‑compliance with r 7(3) and could lead to the Court ordering further evidence or refusing relief until the required separation is achieved.

5. Default directions timetable creates a 42‑day interval: The Court must fix a directions hearing date “as soon as practicable after the end of the period of 42 days beginning on the day on which the application is lodged” unless an earlier date is requested and the Court considers it necessary (r 8(1)-(2)). Practitioners expecting immediate hearings should account for this procedural waiting period. An earlier date is available only if someone entitled to be heard requests it in writing to the Duty Registrar and gives reasons (r 8(3)). The Rules therefore embed a default notice period which can be shortened only by a documented request and Court discretion.

6. Who may respond , and who may not: Although parents, guardians and “any other person concerned with the care, welfare or development of the child” may respond (r 9(1)(a)-(b)), the applicant or a person who supports the application may not lodge a response (r 9(2)). Parties should be cautious about supporters attempting to file opposing evidence on behalf of an applicant; the Rules bar that tactic and require supporters to remain outside the respondent role.

7. Evidentiary threshold for third‑party respondents: The Rules require a non‑parent respondent to state reasons why they are concerned with the child’s care, welfare or development (r 9(3)(a)). Mere interest or advocacy is unlikely to meet this requirement; respondents should be prepared to show an ongoing involvement or stake in the child’s welfare.

8. Reliance on external statutory standards and regulations: The Rules refer to BD&M Act sections for substantive eligibility and to BD&M Regulations 1999 for the prescribed kinds of sex or gender to be specified (note to r 5). Misunderstanding or misapplying the substantive statutory criteria , which are outside these Rules , can lead to a procedurally correct but substantively ineligible application. Practitioners must cross‑check the BD&M Act and Regulations when advising clients.

9. Privacy and records issues not addressed in detail: The Rules require affidavits that state views and facts and require the Court to record determinations and reasons in writing if decided in Chambers (r 10(2)). The Rules do not specify redaction, privacy protocols or publication. Parties should anticipate privacy issues around clinical evidence and the written reasons and raise them at directions.

10. Commencement dependency: Rule 2(b) ties commencement to a provision of another amending Act (BD&M Amendment Act s 40). If that section commences later than publication, the Rules may not be in operation immediately. Practitioners should confirm the operative commencement date before advising clients on the process timetable.

Each of these items is a practical compliance risk rooted in the Rules’ text. Addressing them requires procedural discipline: check forms with the registry, assemble full affidavit material and certified documents before lodgment, ensure separation of affidavits where needed, and plan for the built‑in timetable and consent/privacy clearances for clinical records.

A step‑by‑step compliance checklist based strictly on the Rules with references to the relevant provisions:

1. Confirm the Rules are in operation and obtain the current approved forms

• Check the operative commencement date under r 2, especially whether r 2(b) applies.
• Obtain the current approved form(s) from the Family Court registry or the Chief Judge’s office; all primary filings must be in the approved form (r 5(1), r 6(2), r 7(1), r 9(3)). Using an out‑of‑date or incorrect form risks rejection or correction orders.

2. Prepare the sex or gender application

• Complete the approved sex or gender application form as required under r 5(1).
• Assemble affidavits from each applicant that comply with r 5(2):
  • State all facts relied upon in support of the application (r 5(2)(a)(i)).
  • If the application is under BD&M Act ss 36L(1), 36N(1), 36V(1) or 36X(1), include the applicant’s views about the child’s sex or gender and any other relevant views (r 5(2)(a)(ii)).
  • If the application is under BD&M Act ss 36M(2) or 36W(2), include the applicant’s views about their own sex or gender and any other relevant views (r 5(2)(a)(iii)).
  • If the application is made by a guardian in accordance with the BD&M Act guardian provisions (36L(3), 36N(3), 36V(3), 36X(3)), state why the parents cannot exercise parental responsibilities for the child (r 5(2)(a)(iv)).
• Collect evidence of any appropriate clinical treatment the child has received in relation to sex or gender (r 5(2)(b)). Ensure proper consents and privacy protocols are followed to enable clinicians to provide records.
• Obtain a certified copy of the child’s birth certificate and include it with the filing (r 5(2)(c)).
• Remember that the application must specify a sex or gender of a kind prescribed in the BD&M Regulations 1999 as required by the BD&M Act (note to r 5). Confirm the relevant categories in the Regulations.

3. If a name application under the Children and Community Services Act is being lodged concurrently

• Treat the sex or gender application as an “accompanying sex or gender application” if the name application under CCS Act s 63(3A) is filed at the same time (r 6(1)).
• Lodge the name application in an approved form (r 6(2)).
• Ensure the affidavit lodged with the accompanying sex or gender application states the applicant’s views about the change of name (r 6(3)).
• Expect that rules applying to an accompanying sex or gender application will apply, with necessary modifications, to the name application (r 6(4)).

4. For any ancillary applications (orders in relation to the sex or gender application)

• Use the approved form for ancillary applications (r 7(1)).
• Lodge the ancillary application with affidavit evidence of the facts relied upon (r 7(2)).
• Ensure the affidavit evidence for the ancillary application is separate from the affidavit evidence supporting the sex or gender application (r 7(3)).

5. Lodge the application in Court and note the directions hearing timetable

• Lodge the sex or gender application and supporting affidavits in the Family Court registry (r 5(1)-(2)).
• The Court will fix a directions hearing date on filing (r 8(1)). Expect the date to be “as soon as practicable” after a 42‑day period beginning on the day the application is lodged unless someone entitled to be heard requests an earlier date in writing with reasons to the Duty Registrar and the Court considers an earlier date necessary (r 8(2)-(3)). Plan for that default 42‑day window unless there are exceptional reasons to seek expedition.

6. Prepare for possible respondents and responses

• Inform parties who are parents, guardians or other persons concerned with the child’s care that they may lodge responses in an approved form (r 9(1)-(3)). Responses must be accompanied by affidavits stating reasons for involvement (where appropriate), their views, and the facts relied on (r 9(3)(a)-(c)).
• Note that the applicant or a supporter of the application cannot lodge a response (r 9(2)).

7. Service

• After the Court seals the application or response, serve sealed copies and any affidavits on the persons and in the manner that the Court directs (r 11). Clarify service directions with the registry at the time of lodgment to avoid defective service.

8. Non-contentious resolution

• If, at or after the directions hearing, each person entitled to be heard supports the application, the matter may be determined in Chambers (r 10(1)). Where the Court determines the matter in Chambers, it must record the determination and reasons in writing (r 10(2)). Be prepared to address privacy and reasons redaction at the directions hearing if sensitive material is involved.

9. Practical housekeeping

• Obtain and retain certified copies of clinical records and the birth certificate before filing to avoid delay (r 5(2)(b)-(c)).
• Maintain separate affidavits for distinct applications to comply with r 7(3).
• Keep contemporaneous documentation of any written requests for earlier hearings, including reasons provided to the Duty Registrar, as r 8(3) requires written reasons for requests.
• Coordinate with clinicians regarding timeframes for producing evidence so their affidavits or records align with the 42‑day timetable.

Following these steps aligns filings with the Rules’ procedural requirements. The Rules allocate most immediate preparation burdens to applicants and to persons choosing to participate as respondents; they leave substantive determinations to the BD&M Act and leave certain operational questions (such as service method and form content) to the Court and the Chief Judge’s approved forms.