The Federal Circuit Court of Australia and Family Court of Australia Merger
On 1 March 2021 the Federal Circuit and Family Court of Australia Act 2021 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 was given Royal Assent.
The reform to the Family Court and Federal Circuit Court family law processes has been widely reported in the media. Changes to the Court structure and processes have been contemplated over many years. The main purpose of the recent legislative reform is to amalgamate the Federal Circuit Court of Australia and the Family Court of Australia into one court called the Federal Circuit and Family Court of Australia (FCFCA).
The FCFCA will comprise of two divisions:
The FCFCA (Division 1); and
The FCFCA (Division 2).
Essentially the FCFCA (Division 1) is a continuation of the former Family Court and will deal with the most complex matters and hear appeal cases.
The FCFCA (Division 2) is largely a continuation of the former Federal Circuit Court, which will be the single point of entry for family law and child support cases. The FCFCA (Division 2) will also continue to exercise the general federal law jurisdiction of the existing Federal Circuit Court.
The stated objects of the reform are:
To ensure that justice is delivered by federal courts effectively and efficiently; and
To provide for just outcomes, in particular, in family law or child support proceedings; and
To provide a framework to facilitate cooperation between the FCFCA (Division 1) and the FCFCA (Division
2) with the aim of ensuring common rules of court and forms, common practices and procedures, and common approaches to case management.
The new FCFCA will commence operation on 1 September 2021. For most people involved in family law matters, the change will not be immediately apparent to them, or impact significantly, in the process of resolving their parenting arrangements or property settlement. However, for those people involved in disputes that require the determination of the Court, the intention of the amalgamation is to make for a more streamlined process.
Lisa Hunt
Principal
M 0407 616 729 | T 03 5226 8584
E lhunt@ha.legal
