Federal Circuit Court and Family Court of Australia Merger
On 1 September 2021, the Federal Circuit court and Family Court of Australia merged and is now known as the Federal Circuit and Family Court of Australia (“FCFCA”). The FCFCA aims to be innovative, fair and efficient with a focus on risk, responsiveness and resolution, by:
- Improving early risk identification and safety of children and vulnerable parties;
- Encouraging smarter ways to separate with less acrimony, less cost and more dispute resolution;
- Expecting compliance with court orders;
- Enhancing national access to justice for vulnerable parties and regional communities through use of technology; and
- Resolving up to 90 per cent of cases within 12 months, where possible.
Court Process
The FCFCA has increased resources to facilitate a more efficient Court process. Generally, the Court process will now be as follows:
- Within 6 to 8 weeks of filing the Court Application, the First Court Event will take place.
- Within 5-6 months of filing the Court Application, the Mediation or an alternate dispute resolution event will take place.
- Within 12 months of filing the Court Application, a trial will commence where possible.
Key Changes
The key changes are outlined below:
|
Name |
Federal Circuit Court (FCC) |
Federal Circuit and Family Court of Australia (FCFOA) |
|---|---|---|
|
Legislation |
Family Court Rules Federal Circuit Court Rules Family Law Rules |
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 |
|
Website |
||
|
Divisions |
None |
Division 1 and Division 2 |
|
Forms |
Forms have been updated to improve functionality and usability. A 90 day grace period for use of old forms will apply. |
|
|
Appeals |
Appeals from FCC Appeal to FCA heard by a Full Court only unless the Chief Justice considers it appropriate for the appeal to be heard by a single Judge
Appeals from FCA Appeal to FCA heard by a Full Court only unless the Chief Justice considers it appropriate for the appeal to be heard by a single Judge
|
Appeals from Division 1 Appeal to Division 1 heard by single Judge or a Full Court. No separate Appeal Division
Appeals from Division 2 Appeal to Division 2 heard by a single Judge only unless the Chief Justice considers it appropriate for the appeal to be heard by a Full Court |
|
Contravention Applications |
No separate list |
The National Contravention List has been introduced to deal with alleged breaches quickly and enforce the expectation that all parties must comply with Court Orders |
|
Number of Judges |
73 Judges |
111 Judges. 90 of which are Family Law Specialist |
|
Name of Registrars |
Senior Registrars, Registrars and Assistant Registrars |
To be known as Senior Judicial Registrars, Judicial Registrars and Deputy Registrars |
|
Name of Family Consultants |
Family Consultants |
To be known as Court Child Experts |
|
Child Dispute Services |
11F assessment process |
Introduction of a Child Impact Report to provide expert guidance to the Court for interim hearings which aims to be more fulsome and designed to assist the parties to reach agreement wherever possible |
RNG Lawyers have a dedicated team of family lawyers who have a holistic approach in supporting our clients during what can be the most difficult time in their lives. Our philosophy is to achieve the best results for our clients by resolving matters out of court where possible. When Court is required, we guide our client’s through the process in a considerate and cost efficient manner.
If you would like legal advice on the most appropriate options for you and your family, please contact a member of our Family Law team.
RNG Lawyers Partner's & Accredited Family Law Specialist's, Kate Greenwood (left) and Frank Lamari (right).