Under the Federal Circuit and Family Court of Australia Act 2021, two separate Courts, the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2), exist with a complementary and efficient administrative structure.
The Federal Circuit and Family Court of Australia (Division 1), a specialist family law court, is a continuation of the Family Court of Australia and is a superior court of record and a court of law and equity established by Parliament in 1975 under Chapter III of the Constitution. It hears the most complex family law trials and appeals.
The Federal Circuit and Family Court of Australia (Division 2), is a continuation of the Federal Circuit Court of Australia and is an intermediate court of record and a court of law and equity established by Parliament in 2000 under Chapter III of the Constitution. The Federal Circuit and Family Court of Australia (Division 2) has broad federal jurisdiction in areas including family law, migration, fair work, bankruptcy, intellectual property, consumer law, human rights and administrative law.
In addition to the passage of the Federal Circuit and Family Court of Australia Act 2021, the Courts have also implemented significant internal reforms to family law case management practice and procedure including, where appropriate, harmonising processes across both Courts. With a focus on innovation and fair and efficient processes that centre on risk, responsiveness and resolution, the Courts provide Australian families the opportunity to resolve their disputes safely and efficiently through streamlined procedures.
The Courts prioritise minimising risk and harm to children and vulnerable parties. Further, parties are given ongoing opportunities for dispute resolution where it is safe to do so. For those cases that do need to proceed to contested litigation, the Courts provide a modern, transparent and more efficient system of justice which is aimed at getting parties through the process as safely, quickly and fairly as possible without undue delay.
In the general federal law and migration jurisdictions, the Federal Circuit and Family Court of Australia (Division 2) continues to ensure that justice is delivered effectively and efficiently through the enhanced use of technology and centralised case management processes. Migration is the biggest area of the Federal Circuit and Family Court of Australia (Division 2)’s workload after family law.
An efficient structure and approach to family law
The Courts’ streamlined approach to family law cases delivers many benefits to assist Australian families, including:
- a single point of entry for all family law matters
- tailored case management pathways, including pathways based on the level of risk in parenting cases
- improved early risk identification for the safety of children and vulnerable parties
- smarter ways to separate with less animosity and less cost by a greater emphasis on dispute resolution, where it is safe to do so, including the availability of internal dispute resolution in parenting and financial matters
- expectation of compliance with court orders
- specialist court lists
- enhanced and effective child expert reporting processes
- an appellate jurisdiction exercised in the Federal Circuit and Family Court of Australia (Division 1) through an efficient Full Court model rather than a separate Appeal Division
- enhanced access to justice nationally for vulnerable parties and regional communities through the use of technology, and
- an aim to resolve up to 90 per cent of cases within 12 months.
Structure, specialisation and leadership
There remains two separate Courts:
- The Federal Circuit and Family Court of Australia (Division 1) (a continuation of the Family Court of Australia) deals with family law matters. The Federal Circuit and Family Court of Australia (Division 1) has 35 specialist family law judges hearing both trials and appeals. The Federal Circuit and Family Court of Australia (Division 1) operates under the leadership of a Chief Justice and a Deputy Chief Justice.
- The Federal Circuit and Family Court of Australia (Division 2) (a continuation of the Federal Circuit Court of Australia) deals with family law, migration and general federal law matters. The Federal Circuit and Family Court of Australia (Division 2) has 87 judges; all of whom have specialist skills and experience which have recommended them to be appointed by Government as judges of the Court. The Federal Circuit and Family Court of Australia (Division 2) operates under the leadership of a Chief Judge and two Deputy Chief Judges – a Deputy Chief Judge for family law and a Deputy Chief Judge for general and fair work which includes all general federal law and migration.
Specialist judges with expertise in family law continue to be appointed to both Courts. The Federal Circuit and Family Court of Australia Act 2021 requires that, by reason of knowledge, skills, expertise and aptitude, all judges exercising family law jurisdiction must be suitable to deal with family law matters, including matters involving family violence.
Highly skilled registrars undertake case management, conduct interlocutory and interim hearings, and dispute resolution, across family law, general federal law and migration.
The expertise of judges, registrars, court child experts and staff, guide and lead the delivery of a world-leading federal law system.
All family law appeals from the Federal Circuit and Family Court of Australia (Division 2) and decisions of Family Law Magistrates of Western Australia are heard by a single judge of the Federal Circuit and Family Court of Australia (Division 1), unless the Chief Justice considers it appropriate for the appeal to be heard by a Full Court. All appeals from the Federal Circuit and Family Court of Australia (Division 1) are heard by a Full Court. There are no changes to the rights to appeal as were previously provided for under the Family Law Act 1975.
Migration and general federal law appeals are heard by the Federal Court of Australia.
Case management pathway for family law
The Courts’ case management pathway aims to ensure that 90 per cent of family law cases are resolved within 12 months of filing.
Matters follow a nationally consistent case management pathway, which is set out in general terms in the below case management pathway diagram:
The first court event takes place within six to eight weeks of filing. Where it is safe to do so, parties will be required to undertake mediation or other dispute resolution within six months of filing, with the aim of resolving their dispute earlier in time and reducing the financial and emotional stress of litigation.
If the parties are still unable to settle, they will be sent to trial which is to commence, where possible, within 12 months.
Guiding principles
The operations of the Courts are underpinned by five guiding philosophies which are the foundation behind all our work.
We will drive change by:
Being modern, innovative courts leading change
Our focus is on ensuring justice is delivered safely, efficiently and effectively. The Courts are embracing innovation, technology and change. In particular, we aim to change the culture and conversation around family law litigation.
Using dispute resolution to reduce costs, delay and emotional stress
Court proceedings should be seen as a last resort. The Courts expect people to make genuine attempts to engage in dispute resolution, to avoid the time, cost and stress associated with litigation.
Providing parties with information that they can separate smarter
We are actively changing the culture and conversation around family law litigation, with one clear message: You Can Separate Smarter.
Where it is safe to do so, you can take ownership of your dispute. Whether you agree, partially agree or don’t agree at all, you can mediate at any stage, as many times as you need.
Placing an emphasis on our response to family violence and risk to children
The Courts place children, litigants and their safety at the heart of the process. For some families, it may be unsafe to resolve their disputes without the help of the court process and court orders. Know there are people and internal processes that can help you.
Ensuring we have the expertise and resources to deliver initiatives
With confidence and integrity, the expertise of judges, judicial registrars, court child experts and staff, will guide and lead the delivery of a world-leading federal law system.
