Stuart Robert (Fadden, Liberal Party, Assistant Treasurer) Share this | Link to this | Hansard source

It's a great privilege to provide the summing up to the Federal Circuit and Family Court of Australia Bill 2018 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018. I'd like to thank all members of this chamber for their contributions to this debate and thank the Attorney-General for all the work he's done in this debate.

The main FCFC bill brings together the Family Court of Australia and the Federal Circuit Court of Australia, to be known as the Federal Circuit and Family Court of Australia. Contrary to the contributions of members opposite, this bill does not in any way abolish the Family Court. It provides a consistent family law court structure, designed to make it as easy as possible for Australian families to get on with their lives.

The consequential FCFC bill removes the appeal division of the Family Court and establishes the family law appeal division in the Federal Court. It also facilitates the transition for court users from the Family Court of Australia and the Federal Circuit Court of Australia to the new Federal Circuit and Family Court of Australia on the commencement of these provisions. These changes will help to ensure that Australian families have certainty and consistency in their experience navigating the court system.

I note that, when the government introduced these bills into this parliament on 23 August this year, it was scheduled to commence on 1 January 2019. However, due to the time frame for the Senate Legal and Constitutional Affairs Legislation Committee's inquiry into the bills, the commencement date of 1 January 2019 is no longer achievable. The government will move amendments today to substitute the original commencement date reference to '1 January 2019' for a reference to 'the commencement day'. The commencement day will be defined in the bill as:

A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

The government amendments to be moved will also make two changes to this bill to clarify that the Family Law (Fees) Regulation 2012 applies to services requested or documents filed in the family law appeal division—the FLAD—of the Federal Court of Australia, and to ensure the continuation of the current practice of the federal courts of not charging fees for child support matters. I also acknowledge the issues raised by the Senate Standing Committee for the Scrutiny of Bills in Scrutiny Digest No. 10 of 2018 in relation to the delegation of administrative powers. These issues are under active consideration, and the government will respond in due course.

We know the family law system is in bad shape. The cracks in the system have turned into crevices. Families are exhausted by the time taken to transfer matters between the Federal Circuit Court and the Family Court, the outcome of which can often require them to start their matter afresh. It takes over a year from filing for defendant matters to be heard at trial. The potential difference in cost between matters going to trial in the Family Court compared to matters going to trial in the Federal Circuit Court is substantial. This government has made addressing the family law system a priority. The best way for Australian families to feel immediate benefit from family law reform is by resettling the federal family law court structure. This is the most appropriate starting point, and it will allow us to implement the recommendations of the Australian Law Reform Commission in the context of a more efficient and effective user-friendly court structure that is not the subject of the ALRC's family law system review.

The main FCFC bill brings together the Family Court and the Federal Circuit Court. The Family Court will continue as Division 1 of the Federal Circuit and Family Court of Australia, the FCFC, and the Federal Circuit Court will continue as Division 2 of the FCFC. Judges appointed to both the Family Court and the Federal Circuit Court will continue their appointments in the new courts. Judicial family law expertise will not be lost. The bill retains the family law qualifications for judges appointed to Division 1 and introduces a new appointment requirement for Division 2 judges to ensure they are suitable for that position. Importantly, the new requirement will enshrine in legislation a broader consideration of a potential judge's qualifications, experience and attributes. That being said, the government is very confident of the family law expertise of the family law judges in the Federal Circuit Court of Australia. We note that, currently, the Federal Circuit Court has the highest number of specialised family law judges, at 41, with an average of 25 years experience in family law.

The FCFC will effectively be a single point of entry into the family law jurisdiction of the federal court system and will hear first instance family law matters. Both Divisions 1 and 2 will have the same original jurisdiction in family law matters, with Division 2 also retaining the Federal Circuit Court's existing general federal law and fair work jurisdiction. Family law appeals will go to the new family law appeal division in the Federal Court. Removing the appeal division of the Family Court means that more judges of the FCFC will be able to hear more trials. This will ease the growing backlog of first instance family law matters waiting to be heard and reduce median case waiting times.

The reforms will also improve the family law case management system. The reforms mean there'll be no wrong door for family law matters. People will be able to file their matter in either division knowing it will be overseen by a case management team led by judges, and allocated, at the appropriate time, the most appropriate judge in the most appropriate division.

The government is serious about improving the family law system. To assist this work, we've allocated $4 million in funding to the Federal Court to review court rules and assist with implementing the reforms. By creating standardised rules and procedures within family law, the FCFC will be simpler to use and more efficient. While these increased efficiencies are predicted to save $3 million like the reforms in 2015-16, this money will be invested back into the courts to continue rebuilding the family law system to improve Australian families' experiences.

The consequential FCFC bill amends the Federal Court of Australia Act 1976 to establish the new family law appeal division, which will hear appeals from judgements of the FCFC, a family court of a state or single-judge decision of a supreme court of a state or territory exercising family law jurisdiction. The government anticipates that the majority of appeals from the FCFC (Division 2) will be heard by a single judge, freeing up judicial resources to reduce delays in family law appeal matters. The bill ensures that appropriate transitional arrangements are in place, including for matters before the Federal Court from the commencement date of the provisions. This bill is an important companion to the main FCFC bill.

This is an important day for Australian families. The purpose of the government's reforms is to ensure Australian families experience shorter waiting times at court and a reduction in the potential for conflict caused by prolonged and acrimonious family disputes in our court system. The government is committed to delivering better family law court structure for Australian families as soon as possible. We are ending the confusion in the family law jurisdiction caused by striking different procedures, practices, rules and fees. We're stopping delays caused by cases bouncing around between these two federal courts. We're ceasing the prolonged pain drawn-out cases can cause to children and families. I encourage the parliament to say yes to a new federal court structure that will put the needs of Australian families first and support them getting on with their lives.

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.