The Family Court and Federal Circuit Court will be combined as part of sweeping changes to the financially and emotionally crippling family law system, in an announcement by the Attorney-General Christian Porter today.
Key points:
- The changes will come into effect from the start of 2019
- Current delays in the family law system means most cases take about a year and a half to reach trial, Mr Porter says
- At the moment nearly 1,200 families' cases are transferred between the two courts each year
The decision comes before a broader review, which looks into the painstakingly slow way in which the nation's strained family law system operates, delivers its findings next year.
The changes will come into effect from the beginning of 2019, in what the Federal Government is arguing will speed up the process of settling family disputes.
"Family break-up is a traumatic time for both parties and children, as well as the wider family," Mr Porter said.
"We have a responsibility to ensure that systems are in place to assist those families who cannot resolve matters without legal intervention are as efficient, and that the system itself does not exacerbate the trauma of family break up, especially for children."
The Family Court currently hears family law cases involving complex financial arrangements, trusts, serious parenting arguments, allegations of child abuse in custody arrangements and protracted family disputes.
The Federal Circuit Court deals with the rest.
Appeals from the newly formed court, to be known as the Federal Circuit and Family Court of Australia (FCFCA), would also be heard by the Federal Court under the new arrangements.
Nearly a year-and-a-half wait to reach trial
Some 22,000 cases are filed across the two courts each year, and Mr Porter said delays in the family law system meant most cases were taking almost a year and a half just to reach trial.
He argued the merger was warranted given there is already significant crossover in jurisdiction and procedures of the two courts, and could result in an extra 8,000 cases being resolved each year.
"For too many families, disputes over property and custody of children are being exacerbated by inefficiencies and growing delays in the court system," Mr Porter said.
"Almost 1,200 families' cases are transferred between the two courts each year, some after having been in court for more than 11 months.
"This means those families must start the whole court process again in the other court with completely different rules, procedures and processes."
Funding pressure, delays in appointing judges
It is unclear whether the changes will satisfy critics of the way the family law system, who argue funding pressures and delays in appointing judges to the bench are key reasons why the system is inefficient and struggling to cope with case loads.
Last year, the former Chief Justice of the Family Court demanded more funding.
The former attorney-general, George Brandis, announced a "long overdue" review of the family law system in September — the first since the dedicated court was established in the late 1970s.
The Australian Law Reform Commission is due to report back to the Government by March 2019.
At the time, Shadow Attorney-General Mark Dreyfus cited judicial vacancies on the Family Court bench as being critical to fixing any problems.
The current Chief Justice, John Pascoe, was appointed to the role last year after being the head of the Federal Circuit Court.
But he will be forced to retire by the end of the year, as he hits the statutory retirement age for judges.
One Nation leader Pauline Hanson has campaigned for changes to the family law system, including calling for the abolition of the Family Court altogether.
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