Navigating family law can be daunting, but recent reforms to the court system are designed to make the process more efficient and accessible. The Federal Circuit and Family Court of Australia (FCFCOA), established under the Federal Circuit and Family Court of Australia Act 2021, merges the Family Court of Australia and the Federal Circuit Court of Australia to streamline family law processes.
Key Changes and Benefits
Simplified Processes: The new court focuses on innovation and efficiency, aiming to resolve disputes faster through simplified procedures. This reform, which took effect on 1 September 2021, marks a significant shift in how family law cases are managed.
Safety and Resolution: A priority of the FCFCOA is minimizing risk and harm to children and vulnerable parties. The court offers ongoing opportunities for dispute resolution, provided it is safe. For cases that proceed to litigation, the system is designed to be modern, transparent, and efficient, ensuring quick and fair outcomes.
Technological Advancements: In addition to family law, the court handles general federal law and migration matters. Enhanced use of technology and centralized case management processes ensure that justice is delivered effectively and efficiently.
New Court Structure
The FCFCOA introduces several benefits, including:
- Single Entry Point: All family law matters now have a single point of entry.
- Case Management Pathway: A new pathway improves early risk identification and safety for children and vulnerable parties.
- Dispute Resolution Focus: Increased use of dispute resolution to reduce costs and emotional stress.
- Compliance and Specialisation: Emphasis on compliance with court orders and specialized court lists.
- Appellate Jurisdiction: Appeals from Division 1 are heard by a Full Court, while appeals from Division 2 are heard by a single judge or a Full Court as deemed appropriate.
Structure and Leadership
The court comprises two divisions:
- Division 1: Continues as the Family Court of Australia, focusing on family law matters with 35 specialist judges.
- Division 2: Continues as the Federal Circuit Court of Australia, dealing with family law, migration, and general federal law matters with 76 judges, including 55 family law specialists.
Leadership includes a Chief Justice and Deputy Chief Justice, both holding dual commissions to both divisions. A second Deputy Chief Judge manages general federal law and Fair Work jurisdictions in Division 2.
Case Management Pathway
The goal is to resolve 90% of cases within 12 months of filing. The first court event occurs within six to eight weeks of filing. Where safe, parties must undertake mediation or other dispute resolution within six months. If unresolved, they proceed to trial within 12 months.
Guiding Principles
The court operates under five guiding principles:
- Innovation: Leading change with a focus on safe, efficient justice delivery.
- Dispute Resolution: Encouraging resolution outside of court to reduce costs and stress.
- Smarter Separation: Providing resources to help parties separate more effectively.
- Safety Focus: Prioritizing the safety of children and vulnerable parties.
- Expertise and Resources: Leveraging the expertise of judges and court staff to deliver world-class legal services.
Moving Forward
The reforms to the Federal Circuit and Family Court of Australia aim to make family law more accessible, efficient, and fair. Whether dealing with family law, general federal law, or migration matters, these changes are designed to improve outcomes for all involved.
Need Legal Assistance?
At Coastal Lawyers, we’re here to guide you through the new court system. If you need expert legal advice or representation, contact us today to book a consultation and let us help you navigate your legal journey with confidence.
DISCLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this blog is for informational purposes only. It is not a substitute for your own research and/or legal advice. If you need legal advice, you can book an obligation-free appointment with Coastal Lawyers online.
With the Federal Circuit and Family Court of Australia, navigating family law has never been more streamlined. Trust Coastal Lawyers to provide the support and expertise you need during this transition.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.