An independent review of the Federal Circuit and Family Court of Australia Act 2021 (Cth) (the FCFCOA Act) which came into effect on 1 September 2021, bringing together the Family Court of Australia and the Federal Circuit Court of Australia under a unified administrative structure known as the Federal Circuit and Family Court of Australia. Underpinning the restructure of the Courts was a desire to ‘help Australian families resolve their disputes faster by improving the efficiency of the existing split family law system’. The reviewers were asked to consider and report on the impact of the structural reforms to the Courts. 

The clear picture revealed by the review is that the FCFCOA reforms, combined with the Courts’ own initiatives both before and since, have led to a range of positive impacts on the operation of the family law system. The report finds that with the exception of the Courts’ names and the problems created by section 50, the aims of the FCFCOA reforms have been largely successful. Section 50 prohibits the institution of family law or child support proceedings (other than appellate proceedings) in the FCFCOA.

Despite the many positive responses regarding key elements of the structural reforms, the reviewers have also identified several areas where there are opportunities for improvement or a need for further investigation or reform.

Recommendations

1. Consideration be given to amending the FCFCOA Act to bring clarity and certainty to the operation of section 50.
2. The Attorney-General investigate whether there is a need for any reforms to the general federal law jurisdiction of the FCFCOA.
3. The question of the Courts’ names be considered at the same time as the investigation in Recommendation 2.