The government recently announced plans to merge the Family Court of Australia into the Federal Circuit Court (FCC) to reduce its growing backlog of family law cases. This merger will lead to significant changes within the Australian Family Law system and has been received with mixed opinions.
In addition to a lack of funds for the family court and a shortage of judges, recent statistics regarding the backlog of cases have highlighted the importance for the reform of the existing system. The number of unresolved family law disputes has risen from 17,200 to 21,000, and the increase in time to reach trial further suggests delays in the process.
Attorney General, Christian Porter, has outlined plans to better streamline cases with a new court system that has two separate divisions. One division will focus solely on family disputes, while the other will hear a mixture of matters.
Porter praised the new system for its increased efficiency, stating that it will resolve disputes more quickly and at a lower cost. Current estimates predict that it will resolve up to 8,000 more family law cases each year.
Critics of the merger have also voiced their concerns. Firstly, a merger of the courts will result in a loss of specialisation as judges from the FCC are not required to specialise in family law. Secondly, a fast resolution of cases does not equate to better judgement, particularly in complex cases which involve allegations of domestic abuse. Finally, the new system requires more resources. The merger is set to begin in January 2019, where there will still be the same backlog and overall number of court staff and judges.
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Szabo & Associates, Solicitors, can provide you with expert advice on a wide range of family law matters, including domestic violence, divorce and separation, prenuptial agreements, child custody, child support and spousal maintenance. Please call us today on (02) 9281-5088 or fill in our online contact form.