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LIV responds to article about the Family Court in The Australian

LIV responds to article about the Family Court in The Australian

By LIV Media

Courts Family Court 


An article titled 'Courts fail families, minister tells bench' was published in the Weekend Australian on 26 May 2018 and no comment was sought from the Law Institute of Victoria concerning the content of the article before publication.

The article contained an allegation that 'appeal judges may have allowed their personal views of lower-level judges to colour their decisions'. No evidence was supplied supporting that allegation. The claim that judges of the Family Court of Australia may have determined appeal hearings based on their personal views rather than on the merits of the individual cases before them is totally inappropriate and is completely rejected by the Law Institute of Victoria.

LIV president Belinda Wilson said members of the judiciary dealing with family law disputes – in both the Family Court of Australia and the Federal Circuit Court of Australia – had carried out their functions with the highest levels of integrity and that judges take an oath before appointment “to do right to all manner of people according to law without fear or favour, affection or ill will”. Ms Wilson said this was often done in circumstances of intense pressure and high stress due to the chronic under-resourcing of the family law system over a number of years by the successive federal governments.

The LIV has expressed its gratitude to the members of the family law judiciary at all levels who are required to work under very difficult conditions and continue to conduct themselves diligently and properly, having regard both to the needs of litigants who appear before them and also to the court's role as the arbiter of justice and equity in this complex jurisdiction.

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