Part 1: The year in review

Statistics at a glance

Table 1.1: Filings and Finalisations in family law and general federal law

The year in review

The Federal Circuit Court of Australia (Federal Circuit Court) has performed admirably during the first full financial year of operating in the COVID-19 pandemic world. While it has been impossible to predict the impact of the pandemic, or foresee the locations or frequency of lockdowns or stay at home restrictions, the Court has responded with flexibility and innovation to deliver its essential service to the Australian public across its broad and varied areas of jurisdiction continually throughout the year.

This is to the great credit of judges and staff of the courts, who have managed the competing demands and uncertainties of the pandemic with resilience and an unwavering focus on administering justice regardless of the obstacles presented.

The Federal Circuit Court is in the unique position of being an intermediate court of record that hears both a high volume of cases, but also a complex caseload, which spans broad areas of federal jurisdiction. In its 21st year of operations, the Court received in excess of 97,000 applications, the majority of which were filed in the family law jurisdiction. The Court has also seen Filings in the migration jurisdiction and the fair work jurisdiction sustained at a high level.

The Federal Circuit Court continues to undertake the majority of the workload across the family law, migration and general federal law jurisdictions across all federal courts. At the conclusion of the 2020–21 financial year, the Court had 66 judges appointed, which will shortly increase to 76 judges by January 2022. This will include additional judges in Adelaide, Melbourne, Newcastle and Perth.

In 2020–21 innovation continued to play an important part in the Court’s successful operations. A prime example of this was the continuation and expansion of the COVID-19 List, a specialised court list developed at the onset of the COVID-19 pandemic to promptly deal with the increase in urgent family law applications filed as a result of the pandemic. In January 2021, the List was expanded in response to the changing impacts of COVID-19 on Australian families, including dealing with urgent or priority applications relating to the resumption of parenting orders that may have been suspended, urgent financial or maintenance applications, medical or vaccination issues, or applications generated by increases in family violence.

The Court has also continued to harness technology to improve its services, including conducting all manner of court hearings, mediations, dispute resolution conferences and interviews with family consultants via videoconferencing and teleconferencing. This includes delivering services to regional and rural Australia through the Court’s extensive circuit program, where circuits have continued to be conducted electronically where travel restrictions may have otherwise prevented them from proceeding.

While the COVID-19 pandemic has demanded some of the Court’s focus, the Court has also been busily planning for the commencement of the Federal Circuit and Family Court of Australia on 1 September 2021 after the Federal Circuit and Family Court of Australia Act 2021 (Cth) received royal assent on 1 March 2021.

Together with the Family Court of Australia, the Joint Rules Harmonisation Working Group has successfully prepared a full draft of the harmonised family law rules to apply across both courts, the first time in 20 years that this has been able to be achieved. The rules have been subject to several rounds of internal consultation with judges, registrars and staff, as well as external consultation with more than 55 different professional bodies and other stakeholders. The harmonised family law rules will commence on 1 September 2021 and are a major component of the Courts’ aim to promote a clear and common approach to procedure in the family law jurisdiction.

This follows on from the successful harmonisation of the powers delegated to senior registrars and registrars, and the harmonisation of the Notice of Child Abuse, Family Violence or Risk in the second half of 2020. Not only has the harmonised Notice of Child Abuse, Family Violence or Risk provided the Court with information about a broad variety of risks to parties and children alleged to be present in each case as early as possible in the proceedings, it has also provided the Court with extensive data about the prevalence of different risks to inform case management procedures and reform.

Similar insight are being garnered from the Lighthouse Project, the Court’s world-first risk screening and triage pilot, which screens litigants for risk, provides appropriate service referrals and safety planning, and subsequently tailors the case management pathway based on the results of the risk screen and risk assessment. Approximately 62 per cent of matters are screening as high risk, and are referred to the Court’s specialist high risk Evatt List for intensive case management and support that focuses on safety and wellbeing. Given the success of the pilot thus far, the Court is considering how the project can be expanded to benefit litigants in all registries around Australia.

I would particularly like to thank Judge Dunkley for his tireless work as National Case Management Judge, and Judge Driver as Senior Judge for his support. I also thank the Case Management Judges and the national judges in charge of family law, general federal law and migration for their leadership and wise counsel throughout the year.

I am also grateful to the CEO and Principal Registrar, David Pringle, and Deputy Principal Registrar and National Family Law Registrar, Virginia Wilson, for their outstanding work this year, including securing the largest injection of funds into our courts in recent history.

I would also like to personally thank Jamie Crew, Executive Director Court and Tribunal Services, who has taken on a new role after more than 25 years’ service to the Courts. His practical approach to court administration has been of great benefit to judges, staff and litigants and will have a lasting impact on the way we go about our important work.

In 2020–21, I was pleased to welcome a number of highly experienced new Judges to our Court: Judge O’Shannessy, Judge Beckhouse, Judge Bowrey, Judge Campbell, Judge Davis, Judge Howe, Judge Turnbull and Judge Taglieri. They have each already made a valuable contribution to the Court and are proving to be committed judges and great colleagues.

I would like to acknowledge the retirement of a number of judges during the 2020–21 financial year, including Judge Nick Nicholls, Judge Shenagh Barnes, Judge Ron Curtain, Judge Barbara Baker and Judge Philip Dowdy. Each of these judges made a significant contribution to the Court, and

I thank them for their diligence and dedication over some quite substantial periods of service.

I also thank and congratulate Judge Tom Altobelli, Judge Paul Howard and Judge Terry McGuire for their service to the Federal Circuit Court and their elevation to the Family Court of Australia. These elevations are further recognition of the depth of family law experience present in the judiciary of the Federal Circuit Court.

I also thank Judge Tim Heffernan for his service to the Federal Circuit Court and congratulate him on his appointment to the District Court of South Australia.

Lastly, I would like to acknowledge the service of Judge Guy Andrew to the Federal Circuit Court. Guy tragically passed away in 2020, and will be remembered for his love of the law and commitment to justice. While his Honour’s time on the Court was short, he will always be a part of the fabric of this Court and his contribution worthy of remembrance.

The Honourable William Alstergren

Chief Judge