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Family Law Court Merger: Major Changes.

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Will the new Family Law Court of Australia become a separate court?

Yes, the merged Family Court of Australia and Federal Circuit of Australia will officially commence operations on 1 September 2021. They will be called the “Federal Circuit and Family Court of Australia” (FCFCA). Visit their new website here.

What are the changes to the law?

Matters are filed in the new FCFCA system in a national consistent case pathway, set out in general terms in the following diagram:

FCFCA family law court system in a national consistent case pathway

 

The new changes will focus on trying to achieve a settlement at an early stage. They aim to try and resolve matters quickly as it’s likely to save money and time for anyone attending court. These steps aim to fix 90% of cases within 12 months. These resolutions will make a massive difference to the lives of hundreds of thousands of people who have been suffering unnecessarily for cases that have lasted many years. 

It will look something like this:

The first court event will occur within 6–8 weeks of filing. Parties should be at mediation or dispute resolution within 5–6 months of filing before they have spent too much money on costs and have become too entrenched in the system. If they cannot settle, they will go to trial, which is to commence where possible within 12 months. These steps aim to resolve up to 90% of cases within 12 months, which is a substantial improvement.

There will also be a significant focus on compliance with court orders, demonstrated by establishing a new National Compliance List, which will commence on 1 September 2021.

A Media Release of the Family Court of Australia released on 30 July 2021 said that:

“There will be a greater emphasis on encouraging parties to settle their disputes, where it is safe to do so, before proceedings are issued and ensuring that, if they do issue, they are aware of the ramifications for them and their families. For those cases that need to proceed to litigation, the new court will provide a modern, transparent and more efficient system of justice aimed at getting these parties through the process as safely, quickly and fairly as possible without undue delay. It is also aimed at dealing with the increasing rate of family violence in our community by ensuring risks to vulnerable parties and children at high risk are identified at the very earliest stage in the litigation and treated appropriately.

For the first time in 21 years, the new court will have a single point of entry and harmonised rules, forms and case management processes to provide a streamlined approach to family law proceedings. It will simplify procedures and enable cases to be moved through the family law court system quickly and fairly and with as little detrimental impact on families and children as possible.

Chief Justice of the Family Court of Australia and the Federal Circuit Court of Australia, the Hon. Will Alstergren said that for decades, people in the legal profession, and the wider community, have been calling for change and commenting that the ‘system’ wasn’t working.”

Source: Family Court of Australia, Countdown to the commencement of the new Federal Circuit and Family Court of Australia, [media release], 30 July 2021. If you haven’t heard, the Federal Circuit and Family Court of Australia officially commenced operations on 1 September 2021. They will be called the “Federal Circuit and Family Court of Australia” (FCFCA).

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Luke Shanahan Family Law

Luke Shanahan

Principal

Luke Shanahan is the Principal Solicitor of Shanahan Family Law. Luke has been practising family law since 2008 and started his firm in 2014. He has three beautiful daughters and a supportive, gorgeous wife. In his spare time, Luke enjoys playing tennis and trips to the beach with family and friends. 

Luke is dedicated to providing the best possible legal representation for his clients. His experience and passion for family law set him apart from other solicitors. You only have to read their 5-star reviews to understand that.

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