27 September 2023

New court reforms to be family friendly

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Reforms being made to the Family Court system will see families deal with their matters in the courts faster and at a lower cost according to the Attorney-General, Christian Porter.

Mr Porter said the passage of the Federal Circuit and Family Court of Australia Bill 2019 through the senate meant families would have a simpler, faster and, as a result, cheaper system.

“The Bill creates a new single court structure, the Federal Circuit and Family Court (FCFC), combining the existing Federal Circuit Court and Family Court of Australia,” Mr Porter said.

“It will establish for the first time a single point of entry for families so they are no longer bounced around between different courts – a recurring feature of the current system that contributes to lengthy delays for families,” he said.

“The Bill will bring about the creation of a single set of consistent rules, processes and procedures to apply in the Court.”

Mr Porter said the implementation of a consistent set of court rules would make navigating the system simpler and reduce confusion for families.

He said the FCFC would comprise two divisions, the current Family Court of Australia and the Federal Circuit Court.

“There will be no separate Appeal Division in the FCFC (Division One),” he said.

“Instead, all FCFC (Division One) judges will be able to hear appeals, including as a single judge to ensure more matters are finalised each year.”

Mr Porter said the legislation also required those hearing family law matters to satisfy additional appointment criteria to ensure that they were suitable to deal with family law matters, including family violence.

“The unfortunate reality is that many of the matters that come before the family law courts involve family violence, and as such, it is appropriate to codify that judicial appointees have the ability to deal with such cases,” he said.

Mr Porter said an additional FCFC (Division One) judge would be provided, along with two additional FCFC (Division Two) judges, and an additional judicial registrar to support the Adelaide registry.

The Attorney-General said the Family Law Council would also be re-established.

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