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The new Federal Circuit and Family Court of Australia – What does this mean?

The new Federal Circuit and Family Court of Australia – What does this mean?

AMELIA COX – FAMILY LAW PRACTICE LEADER

This year 1 September 2021 did not just mark the first day of Spring but also welcomed a new era in the Australian family law system. The new Federal Circuit and Family Court of Australia has now commenced, but what does this mean for you?

Division 1 and Division 2

The Federal Circuit & Family Court of Australia now comprises of two Divisions. Division 1, a continuation of the Family Court deals with only the most complex and high risk of family law cases. Division 2 is a continuation of the Federal Circuit Court and deals with all other family law, migration and general federal law matters.
But wait, why the merger?

The overarching purpose of the newly amalgamated Federal Circuit and Family Court of Australia is to resolve the backlog of matters awaiting judicial determination. Previously, partieswould be required to wait an average of 2 years before their matter would be listed for a Final Hearing. By implementing a single-entry point and single set of rules for all family law matters, the Court now aims to resolve the majority of family law matters within 12 months. If this timeframe is achieved, it will save parties to a family law matter precious time and money

The Federal Circuit Court and Family Court of Australia aims to resolve family matters in a timely manner by:
1. Improving earlier risk identification and safety of children and vulnerable parties;
2. Encouraging smarter ways to separate with less acrimony, less costs, and more dispute resolution, where appropriate and safe to do so;
3. Expecting and enforcing compliance with court orders already in place;
4. Enhancing national access to justice for vulnerable parties and regional communities with the use of technology; and
5. Aiming to resolve up to 90 per cent or cases within 12 months.

Mediate, Mediate, Mediate

Under the new Court system, there is a far greater emphasis on parties participating in alternative dispute resolution such as mediation. Before commencing family law proceedings all parties must strictly comply with the pre-action procedures including

Alternative dispute resolution has many advantages in terms of you being able to make your own decisions, reduce legal costs and achieve your long-term goals.

How can we help?
The friendly and skilled Family Law Team at Brazel Moore Family Lawyers Gosford are available to assist you to navigate the new Federal Circuit and Family Court of Australia. If you need advice regarding your family law matter, please contact Brazel Moore Family Lawyers on 4324 7699