Media Release

Court Restructure Will Benefit Families and Children

Published: 06-May-09

The Law Council has welcomed the Commonwealth Attorney-General’s announcement that the federal court system will be restructured so that all family law matters will be consolidated and heard under the one family court.

Law Council President John Corcoran said, “We have consistently supported the integration of the Family Court and the Federal Magistrates Court into a single, coherent structure with a common pool of resources delivering family law services”.

“The current arrangements, with two separate Courts exercising largely identical jurisdiction but with separate administrations and being forced to compete for funds and resources, are unacceptable. Rationalisation and integration of the two courts exercising family law jurisdiction is long overdue,” Mr Corcoran said.

In its previous submissions to the Government, the Law Council has stressed that any change should focus on what is best for the community.

“Any new system must be based on providing the services which those using the family law courts really need, and delivering these services in the most effective way,” Mr Corcoran said.

He said while the Law Council strongly encouraged the use of primary dispute resolution services available outside the court system, the family law courts provide a vital resource for those unable to resolve issues arising from the breakdown of family relationships through non-court based interventions.

“Yesterday’s announcement will provide better outcomes for Australian families and children who require the support of the court system. These parties need a court system which is efficient, timely, cost-effective, flexible, accessible and adequately resourced,” Mr Corcoran said.

“The Law Council looks forward to further consultation with the Government and the courts regarding the practical aspects of implementing the proposed restructure,” Mr Corcoran concluded.