The merger of the Family Court and Federal Circuit Court commenced on 1 September 2021. The following is from the new website and explains the new system.
A new court structure and approach to family law
The new court structure delivers many benefits to assist Australian families:
- a single point of entry for all family law matters
- a new case management pathway
- improved early risk identification for the safety of children and vulnerable parties
- smarter ways to separate with less animosity and less cost by using more dispute resolution, where it is safe to do so
- expectation of compliance with court orders
- specialist court lists
- a focus on dispute resolution and an increase in internal dispute resolution in parenting and financial matters
- enhanced and effective child expert reporting processes
- an appellate jurisdiction exercised in Division 1 through a Full Court model rather than an Appeal Division
- enhanced access to justice nationally for vulnerable parties and regional communities through the use of technology, and
- an aim to resolve up to 90 per cent of cases within 12 months.
Structure, specialisation and leadership
The Court comprises two divisions:
- Division 1 (a continuation of the Family Court of Australia) deals with family law matters. Division 1 has 35 specialist family law judges hearing both trials and appeals.
- Division 2 (a continuation of the Federal Circuit Court of Australia) deals with family law, migration and general federal law matters. Division 2 has 76 judges; 55 of which are specialists in family law and the remainder experts in various areas of general federal law and migration.
The Court will operate under the leadership of one Chief Justice with the support of one Deputy Chief Justice, who each hold a dual commission to both Divisions of the Court. A second Deputy Chief Judge assists in the management of the general federal law and Fair Work jurisdictions of Division 2.
Specialist judges with expertise in family law will continue to be appointed to both Divisions. The Federal Circuit and Family Court of Australia Act 2021 requires that, by reason of knowledge, skills, expertise and aptitude, all judges exercising family law jurisdiction must be suitable to deal with family law matters, including matters involving family violence.
Highly skilled Registrars will undertake case management, conduct interlocutory and interim hearings, and dispute resolution, across family law, general federal law and migration.
The expertise of judges, registrars, court child experts and staff, will guide and lead the delivery of a world-leading federal law system.
All appeals from Division 2 of the Court and decisions of Family Law Magistrates of Western Australia are heard by a single judge, unless the Chief Justice considers it appropriate for the appeal to be heard by a Full Court. All appeals from Division 1 of the Court will be heard by a Full Court. There are no changes to the rights to appeal as provided for under the Family Law Act 1975.
Contact us:
If you need advice or assistance in a family law property and/or parenting dispute, you can contact Kathy Chase of Pittwater Family Lawyers on 0418 285 307 or (02) 9918 6565 or send her an email at: info@pittwaterfamilylawyers.com.au Or pittwaterfamilylawyers@gmail.com.
Pittwater Family Lawyers can assist clients on the northern beaches of Sydney; all other suburbs of Sydney; regional areas of NSW and interstate.