On 1 September 2021, the new Federal Circuit and Family Court of Australia will commence. It will replace the Family Court of Australia (established in 1975) and the Federal Circuit Court of Australia.
The new structure of the Court will mean significant changes to the way family law cases are run from the commencement of proceedings including changes to rules, forms, case management processes, appeals management and recourses.
It is said that the creation of a simplified and streamlined approach to family law proceedings will result in cases being oved through the family law system quickly and fairly and will minimise the detrimental impact on families and children. Some of the features of the new system are:
- A single point of entry for all family law matters with all matters being filed in the one court;
- A new case management pathway;
- New obligations on parties and practitioners to act consistently with the “overarching purpose” of the new court which is that “disputes be resolved according to law and as quickly, inexpensively and efficiently as possible”.
- A harmonized set of family law rules;
- New family law practice directions;
- An enhanced focus on resolving disputes through FDR and an increase in internal dispute resolution where appropriate;
- An enhanced child expert reporting process;
- Specialist court lists;
- A new website that is said to be informative and modernised.
As part of the new system, the Court has announced the appointment of 42 additional Judicial Registrars, Registrars and Deputy Registrars across Australia to support family law judges in reducing delays, identifying risk early and improving access to justice, particularly in regional locations.
The introduction of a new National Contravention List aims to tackle the significant issue with non-compliance with court orders in family law matters. Under the current system, parties can wait several months for a first court date following the filing of a Contravention Application and up to 12 months or longer for a hearing date. Often the filing of a Contravention Application is not worthwhile due to the delays in the system, resulting in those who repeatedly contravene orders not being held to account. The launch of the National Contravention List promises a first return date within 14 days of filing.
Family lawyers and litigants alike will no doubt welcome any measures that will alleviate the lengthy delays and astronomical costs associated with family law litigation. We hope that the new system and the new Court is able to deliver on the promises made.
