The New Federal Circuit and Family Court of Australia
From the 1st of September 2021, the Federal Circuit Court and the Family Court will merge into one singular entity: the Federal Circuit and Family Court of Australia (‘FCFCA’).
This new Court will comprise two Divisions and will operate under a single set of rules.
Division 1 will be a continuation of the Family Court while Division 2 will be a continuation of the Federal Circuit and will serve as the single entry point for family law and child support cases.
All applications must be filed in Division 2 and more complex matters will be transferred to Division 1 where appropriate.
Amid substantial concerns from opposition that the merger could have disastrous outcomes for vulnerable families and see victims of domestic abuse fall through the cracks, the FCFCA has affirmed it’s first Core Principle is “the prioritisation of the safety of children, vulnerable parties and litigants, as well as the early and ongoing identification and appropriate handling of issues of risk, including allegations of family violence, are essential elements of all case management.”
The reasons for the change are outlined by the Hon. Justice William Alstergren: “to improve the system we need a streamlined single point of entry, as well as harmonised rules, forms and case management approaches”.