ASK anyone who has been through the Family Court litigation process and they will tell you what a harrowing experience it can be. Now there is a new single Federal Circuit and Family Court of Australia, designed to put an end to the delays and expense of the old Federal Circuit and Family Courts. The new process is more streamlined, efficient and cost effective.
The new Court consists of two Divisions. Division 1 only deals with complex Family Law matters and appeals, and Division 2 deals with all other Family Law matters, as well as other general federal law matters such as employment and immigration.
Along with the new Court, there are extensive reforms and changes to the rules of the Court. This has resulted in making proceedings less complex and prioritising alternative methods of dispute resolution before being able to commence Court proceedings. There are new pre-action procedures that parties are required to comply with to show a genuine effort to resolve their dispute outside of litigation. Such dispute resolution efforts include mediation, negotiation and conciliation. Exceptions are where it is unsafe to engage in these methods.
Additional judicial officers have been appointed to the new Court. Judges appointed to hear Family Law matters in the new Court will need to satisfy additional criteria to ensure they are able to deal with the complexities of the Family Law jurisdiction, including family violence.
Cecilia Castle is an Accredited Family Law Specialist with over 30 years’ experience as a solicitor, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au