Graham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

While I would be interested in pursuing the 'cash for tow-backs' matter, I am instead going to focus on my part of the shadow portfolio dealing with the Family Court of Australia. I note that, in the minister's opening remarks, where he talked about where the expenditure for Appropriation Bill (No. 1) would be going, he mentioned the safety and security of our citizens. As I am sure the minister is well aware, unfortunately there has been a significant number of domestic violence victims this year. I would turn the minister's attention to, in particular, the money being appropriated to the Family Court of Australia. The Family Court of Australia is approaching its 40th birthday. It was always designed to deliver services for children, families and parties when they are going through a difficult time. When families are separating, it is never an easy time, it is always a difficult time. The minister referred to $16 billion being injected into the court system. But I would turn the minister's attention to the proposed changes to family law fees which come into place in 15 days time. I am not sure how familiar the minister is with family law. I m not sure whether he has been in the Family Court and seen the process. For example, there is a change in the fee for amending an application. Previously the cost was zero, but the new fee will be $120 for every amendment of an application. I wonder if the minister has ever seen such a proceeding. Where a husband is being tricky and hiding information, every single time a wife has to amend an application it will cost $120. I have seen cases where the woman has no access to money in any event. Subpoenas are a very important part of child abuse and family violence matters. Subpoenas are often used in those matters. The charge used to be $55, but in 15 days time it goes up to $120. So, with the injection of money that is coming into the court system, you are taking blood from the desperate and those who are experiencing dire straits and are in their darkest moment and saying that that is an injection of funds from the Attorney-General, whereas you are actually imposing a divorce tax on those in society who are experiencing the most difficult time.

The Federal Circuit Court of Australia is supposed to be a cheaper option if you are applying for a divorce. If you went for a divorce today you would pay $845 as a filing fee, but now there has been a 40 per cent increase, overnight, to $1,195. So, we actually have divorce lawyers, family lawyers, advertising, 'Come now and get a divorce done before 30 June'—before the divorce tax kicks in. This was actually in the weekend paper in Brisbane.

We know it is already difficult if you are going through a divorce. If your marriage breaks down at the moment and you file in Brisbane it will take you until not next year but probably at least the year after that before your matter is heard. And as you know, Minister, when there are children involved, and property matters, there can be further delays—all delays compacted by the fact that these fees have been hiked up and there is an absence of Family Court judges prepared to hear matters.

I notice that it took 580 days for Justice Bell to be replaced, and now in Brisbane, where we are still down a Family Court judge, barristers are already complaining that we are awaiting an appointment. If we have to wait another 580 days for a Family Court judge to be replaced in Brisbane, that would take us through to 29 September 2016. So, I ask the minister whether he can explain this hike in fees in the Family Court of Australia and also the Federal Circuit Court and whether there is any proposal to appoint a Family Court judge. (Time expired)

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