ALRC Publishes Family Law Review Issues Paper

Following the announcement in September last year that the Australian Law Reform Commission (ALRC) had been commissioned to carry out a comprehensive review of family law in Australia, the ALRC has now published an Issues Paper and is calling for submissions from the public. 

The ALRC’s review will be the first independent review of family law to take place since the Family Law Act 1975 came into force, more than forty years ago.

The ALRC highlights that much has changed in Australian social and family life since then. For example, there are more people living together outside marriage, there are more changes in relationships and stepfamilies, reproductive technologies mean families can be formed in diverse ways, same-sex marriage is now legalised, and there is greater awareness of the prevalence of family violence and child abuse and the damage they can cause.

The review’s wide ranging Terms of Reference ask the ALRC to consider whether reform is needed in several areas, including:

• appropriate early and cost-effective resolution of all family law disputes;
• the protection of the best interests of children and their safety;
• the best ways to inform decision makers about the best interests of children and their views;
• family violence and child abuse, including protection for vulnerable witnesses;
• laws in relation to parenting and property division after separation.

One key area of concern is the current under-funding of the family law system, which is leading to unacceptable delays for families caught up in the system.

President of The Law Society of NSW, Doug Humphreys, has noted that the ALRC review will look at a variety of ways of improving the system, but warns that implementation of any recommendations resulting from the review is still a long way off, which is no help to the families struggling now.

"Litigants in Sydney and Paramatta registries can wait up to three years before a final hearing, they must wait a further lengthy period before a case is finalised," Mr Humphreys said.

"Costs and litigation fatigue can lead people to make poorer decisions or settle a matter in a way that does not correspond to their legal entitlements," he added. "This can include unfair property settlements, exposure to disadvantage, lack of protective measures and in the worst instances a continuation of family violence."

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