Kelly O'Dwyer (Higgins, Liberal Party, Minister for Revenue and Financial Services) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018 forms part of the government's package of legislative reforms to the structure of the federal courts to enhance the experience of Australian families in the family law system.

This bill is a companion bill to the Federal Circuit and Family Court of Australia Bill 2018. Importantly, this bill establishes the new Family Law Appeal Division in the Federal Court. It also facilitates the transition for court users from the Family Court and the Federal Circuit Court to the new Federal Circuit and Family Court of Australia (FCFC) on 1 January 2019.

From 1 January 2019, a substantial part of the appellate function of the Family Court will be removed and placed in a new Family Law Appeal Division of the Federal Court. This new appeal division will hear appeals from judgments of the Federal Circuit and Family Court of Australia, a family court of a state or single-judge decisions of a supreme court of a state or territory exercising family law jurisdiction.

The bill makes the necessary amendments to the Family Law Act 1975 and the Federal Court of Australia Act 1976 to reflect the new appeal process in family law matters. Appeals from Division 1 of the Federal Circuit and Family Court of Australia, as a superior court of record, will be heard by the Full Court of the Family Law Appeal Division.

It is intended that other appeals in family law matters from the FCFC Division 2 will ordinarily be heard by a single judge of the Family Law Appeal Division. Having appeals heard by a single judge will free up considerable judicial resources to help reduce delays in family law appeal matters. However, consistent with the current approach of the Federal Court, where more than 80 per cent of appeals from the Federal Circuit Court in general federal law matters are heard by a single judge, the bill does provide for the possibility of the Full Court of the Appeal Division hearing the appeal if a judge considers it appropriate.

The Family Court of Western Australia will continue to hear family law matters. From 1 January 2019, appeals from both Western Australian family law magistrates and non-family-law magistrates will be heard by the Family Court of Western Australia. Consistent with the new appeal pathway being established for family law matters, appeals from the Family Court of Western Australia will be heard in the new Family Law Appeal Division.

Whilst there will be changes in the appeals pathway, there are no changes to the existing rights of appeal, as currently provided for under the Family Law Act 1975.

The bill includes saving and transitional provisions to enable the repeal of the Federal Circuit Court of Australia Act 1999 on 1 January 2019, when the new law comes into effect. It also makes consequential amendments to the Commonwealth statute book to reflect the continuation of the Family Court as the FCFC Division 1 and the Federal Circuit Court as the FCFC Division 2, to update legislative references, and to provide for the change in appeal location for family law matters.

The bill contains contingent amendments to reflect the effect of bills currently before the parliament that refer to the Family Court, the Federal Circuit Court or judges or officers of either court, or the appeal processes for family law matters.

The bill modifies court rules for Divisions 1 and 2 of the Federal Circuit and Family Court of Australia, and amends court rules for the Federal Court of Australia and the standard rules of court for family law proceedings. It will be a significant task to review and harmonise the court rules, which is why, as previously announced, the government has provided $4 million in funding, part of which is to the courts to support their undertaking of a comprehensive review of the rules and allow for the remaking of harmonised court rules within one year. The amendments and modifications made by the bill are to ensure that there are appropriate rules of court in place for the court's commencement date of 1 January 2019.

Finally, this billwould alsoensure that appropriate transitional arrangements are in place, including for matters before the federal courts as at the date of commencement of the FCFC bill. For example, it clarifies the arrangements for situations where time limits to appeal decisions have not expired as at 1 January 2019, where matters have not been substantively heard before 1 January 2019, and where matters have been substantively heard in whole or in part before 1 January 2019.

The bill will commence on 1 January 2019, at the same time as the Federal Circuit and Family Court of Australia Bill 2018.

The government wishes to thank the judges and officers of the Family Court and the Federal Circuit Court for their continued hard work and dedication to assisting Australian families to resolve their disputes. The government has every confidence that improved approaches to case management, the harmonisation of court rules and forms, practices and procedures between Divisions 1 and 2 of the Federal Circuit and Family Court of Australia and the introduction of the new Family Law Appeal Division in the Federal Court will help Australian families navigate a better working courts system during some of the most stressful and trying periods of their lives. I commend the bill to the House.

Debate adjourned.