In our previous Blog, I need to file in Court…but which Court? we dealt with the two Courts in which a family law matter may be commenced, they being the Family Court of Australia and the Federal Circuit Court of Australia.
Come 1 September 2021, the said Courts will cease to exist in their current form, and instead, the Federal Circuit and Family Court of Australia will come into existence, which will operate under a unified set of Rules and associated judicial Forms.
The new Court will have two divisions:
- Division 1 – This will be a continuation of the Family Court of Australia and will comprise the existing judges of the Family Court;
- Division 2 – This will be a continuation of the Federal Circuit Court of Australia.
Rather than having the option of filing in the Family Court of Australia or the Federal Circuit Court of Australia, as is the current situation, all family law matters will have to be filed in Division 2 of the new Court.
It is hoped that the new system will progress family law matters in a more timely and cost-efficient manner, considering that there will be a common case management approach for all matters, that is a set pathway to progress matters, with a focus on referring parties to dispute resolution processes to resolve matters in an amicable manner. Noting the delays in the current system, it is hoped that the new system, together with the increase in the appointment of Judges and Registrars will reform the system that we now know.
The judicial is well-aware of the impact of family violence upon many parties to the matters before them and they will continue to strive to ensure that referrals are made to appropriate service providers to assist such victims to best navigate the judicial process.
So, what does all this mean for the family law client? In short, it is hoped that the judicial process will be a more streamlined, more cost-effective and less stressful process. As with all new systems and processes, there is likely to be teething problems, but it is hoped that the new judicial in time will be a significant improvement on our current system. Should you have any queries regarding the circumstances of your matter, please call one of our Gold Coast Family Lawyers or Logan Family Lawyers for free family law advice.