Merger of the Federal Circuit Court and Family Court of Australia
The new Federal Circuit and Family Court of Australia: What you need to know
1 September 2021 marked a significant event in the history of family law and Australia’s federal court system. The previous Family Court of Australia and the Federal Circuit Court of Australia merged to become the Federal Circuit and Family Court of Australia (FCFCOA).
The merging saw a range of new changes to rules and procedures and how family law matters will be heard. These new rules apply to all new proceedings and all existing proceedings not determined on a final basis before 1 September.
The main purpose of the new FCFCOA is “to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.” The Court’s aim is to resolve 90% of matters within 12 months.
What has changed?
Some of the new changes include:
A stronger focus on Dispute Resolution (where it is safe to do so).
New pre-action procedures, where both parties must demonstrate they have made genuine attempts to resolve the matter prior to filing.
Two divisions:
o Division 1 - a continuation of the Family Court of Australia. This division has 35 specialist family law Judges hearing trials and appeals.
o Division 2 – a continuation of the Federal Circuit Court of Australia. This division has 76 Judges of whom 55 are specialists in family law.
Individual and separate lists that deal with the follow matters exclusively:
o Property.
o Contravention applications.
Single entry point for applications.
Dispute Resolution
The Court’s new structure places significant emphasis on Family Dispute Resolution to assist parties to resolve, narrow or identify the issues in dispute.
The Court will place a stronger focus on having the parties, when it is safe to do so, participate in Dispute Resolution at every possible opportunity in an attempt to resolve the matter without either going to Court or having the Court make the decision for the parties.
If parties do not comply with the dispute resolution process, there can be implications such as costs orders being made against them.
Prior to commencing court proceedings
Parties are now required to comply with new pre-action procedures prior to being able to make an application to the Court.
This involves taking genuine steps to attempt to resolve the outstanding issues for both financial and/or parenting matters. Some of those requirements include:
Family dispute resolution;
Comply with the duty of disclosure;
Exchanging a notice of intention to commence proceedings and exploring options for settlement;
A Genuine Steps Certificate which outlines the attempts made to settle the dispute.
Should an Application be made to the Court commencing proceedings, it is highly likely that the Court will first direct the parties to attend Dispute Resolution (where it is safe to do so) to try resolve or at least narrow the issues in dispute.
If you have any queries about the new FCFCOA or wish to obtain legal advice about a family law matter, give us a call on 02 6882 3133 or email admin@peacockes.com .
