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Inquiry into the Family Law Courts

Inquiry into the Family Law Courts

By Family Law Section

Access to Justice Family Court 

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The LIV has prepared a submission to the Legal and Constitutional Affairs Legislation Committee concerning proposed reforms to the Australian family law court system. 

The LIV wishes to express its members' support for structural reforms which will improve outcomes for children and families in the family law jurisdiction of the federal court system.

Unfortunately, the Government's proposed restructure under the Federal Circuit and Family Court of Australia Bill 2018 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018 are unlikely to deliver on these objectives, and will instead have extensive and unintended adverse consequences for families and children navigating the family law system. Rather than simplifying the system, the proposed reforms are likely to lead to significant uncertainty and complexity through the insertion of additional complex legislation and the removal of specialisation within the family law courts.

The unique and specialist nature of family law requires the attention of a specialist federal court and superior court of record which is equipped to deal with the most complex and serious of family law matters. The LIV contends that any reforms to the family law court system must maintain this specialisation, which has been developed to aid families in crisis who are dealing with multiple and interrelated issues such as family violence, substance misuse, mental health issues and child abuse.

You can read the submission here


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