How Can I Change the Family Court System
Earlier this year, the Federal Government made sweeping changes to the Family Court System passinglegislation that combined the Family Court and Federal Circuit Courts into a single structure.
The proposed system has not been without its share of controversy.
Critics of the new system have raised concerns that family violence victims volition be left out in the cold.
The new amalgamated court will be known equally the Federal Excursion and Family unit Court of Australia (FCFCA) split into ii divisions with the Family Court of Australia forming Partitioning 1 and the renamed Federal Circuit Court and Family unit Court of Australia becoming Division 2.
The new court will be led past a single Primary Justice accompanied by a Deputy and the new organisation volition commence operation from September 2021.
These changes were designed to completely overhaul the old family law organization and to create a streamlined, unmarried signal of entry for all cases together with harmonised rules, forms and case management. These changes are captured under the following laws:
- The Federal Circuit and Family unit Court of Australia Act 2020
- and the Federal Excursion and Family unit Court of Australia (Consequential Amendments and Transitional Provisions) Act 2020.
This legislation is currently awaiting Royal Assent.
Our article Family Police force for the Time to come contemplated some of these reforms from the indicate of view of the Australian Law Reform Committee's (ALRC) 60 recommendations arising from their comprehensive review of the Australian family constabulary frameworks conducted in 2019.
What volition the Merged Court System Look Similar?
- Divided in 2 – The new Federal Excursion Courtroom and Family Court of Australia (FCFC) will separate into ii divisions with the old Family Court of Commonwealth of australia designated as Partition 1 and the Federal Excursion Courtroom designated equally Segmentation 2.
The Appeals Sectionalisation of the Family unit Court of Australia will exist abolished and family law appeals will now exist heard past a new Family unit Police Segmentation in the newly created Federal Circuit Courtroom and Family Courtroom of Australia. - A Unmarried Point of Entry – Substantially, the changes to the Family unit Court system will mean that there will be a complete administrative restructure of the two courts: the Federal Circuit Court of Australia (FCofA) and the Family Court of Australia (FCofA) will merge in the sense that all cases will be captured at a single point of entry.
- More than Specialist Judges – volition exist appointed under the new construction volition be appointed with the intention of having 35 specialist judges in Division i (The Family Court) and 43 Judges in Sectionalisation 2 (Federal Circuit Court) and the legislation requires that the number of judges in the Family unit Courtroom (Division ane) volition never be less than 25.
- Exceptions – The Family unit Court of Western Australia, which will remain carve up and be largely unaffected by the new legislation, except for the hearing of appeals.
What are the main changes to the Family unit Court Arrangement?
There will exist ane court, simply there will exist ii divisions of that court and:
- Family law applications will be filed in Division 1 (Family Court of Australia). Initiating applications volition exist filed in Division 1, but appeals will be filed in Sectionalization 2 (Federal Excursion Court).
- There will be new court rules governing the new structures.
Why Did the Regime Change the Family Court Organisation?
The Federal Circuit Court was created to relieve the strain on the Federal Court and Family unit Courts by taking on less circuitous cases across the areas of defalcation, copyright, migration and family unit police with effectually xc% of the court's workload being in the area of family police force.
Prominent legal commentators and members of the public have criticised the merger every bit probable to event in survivors of family and domestic violence beingness ignored under the new arrangement.
In detail, the quondam Chief Justice of the Family Court, Elizabeth Evatt expressed concerns that the proposed merger could create "undesirable outcomes for children and families" and she was concerned nigh the need for more specialised judges and that:
Merging the Family Court into a generalist courtroom volition undermine the integrity and the structural specialisation of the Family Court. The bear upon of losing this institutional specialisation is non properly understood and has been downplayed.
Other commentators accept applauded these changes to the family unit court system, arguing that an boosted eight,000 cases per year volition be resolved each year.
This information was based upon Toll Waterhouse Cooper's (PWC) review of the merger – however, prominent academics and critics of the PWC study argued that the information was flawed and out of context.
How Will it Impact my Custody Proceedings?
It seems unlikely. In relation to people with a electric current matter before the court, these changes will not affect them. As the courtroom transitions to this new model, arrangements will be made to ensure that all cases are dealt with efficiently and smoothly. The new framework will remain committed to the Family Court system'southward Core Principle being:
The prioritisation of the safety of children, vulnerable parties and litigants, as well every bit the early and ongoing identification and advisable handling of issues of risk, including allegations of family violence, are essential elements of all case direction.
The New South Wales Bar Association argued that the changes to the family court organisation volition create longer delays and higher legal costs for families trying to finalise family police proceedings, particularly where children are concerned or where there are allegations of family violence.
On face value, the merger of the Family Courtroom and Federal Circuit Court into a unmarried harmonized bespeak of entry for family police force cases does not suggest that parenting proceedings will be affected.
The Family Court's April press release announced a farther four judicial appointments for that month.
The legislation promises to deliver more specialist judges in Family Court with reduced waiting times for a example to attain hearing.
How the system performs, in reality, will be interesting to spotter when the new merged court commences operation in September 2021.
What about Urgent Family Violence Cases?
If your thing is on the national COVID-19 List or is part of the Lighthouse Project, these changes volition not have an immediate effect on your example.
The courts remain committed to the safety of children and their protection from family unit violence.
Talk to One of Our Experts
These changes to the family court arrangement mean that divorcing couples will be operating in a slightly unlike surroundings but one with the potential for a speedier resolution of cases if the arrangement works equally intended.
Our expert squad located in Sydney and Melbourne can walk yous through your family unit police matter no thing how complicated. You tin contact us today we will treat your thing confidentially and with pity and understanding.
Monica is an Australian freelance writer living and working in Acapulco, Mexico. She has over 15 years' experience working with Australian law firms in the fields of insurance litigation, corporate and family unit law.
Source: https://justicefamilylawyers.com.au/news/changes-to-the-family-court-system/
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