Public consultation ­­– Review of the Federal Circuit and Family Court of Australia Act 2021

Overview

About the review

Section 284 of the Federal Circuit and Family Court of Australia Act 2021 (FCFCOA Act) requires a review of the FCFCOA Act to be undertaken within 3 years of the Act’s commencement.

The Attorney-General has appointed the Hon Linda Dessau AC CVO and Professor Helen Rhoades OAM to conduct the review. They are to provide a report on the review to the Attorney-General on or before 1 March 2025.

Terms of reference

The review is to consider:

1. The impact of the structural reforms to the Family Court of Australia and the Federal Circuit Court of Australia, including with respect to:
   1. dual appointments
   2. the operation of the FCFCOA (Division 2) as a single point of entry for federal family law matters
   3. the allocations of original and appellate jurisdiction in federal family law matters
   4. the level of specialisation of judicial officers exercising family law jurisdiction
   5. any impact of the change of name to FCFCOA Division 1 and Division 2.
2. Any aspects of the FCFCOA Act that have had unintended impacts on the operation or the effectiveness of the court's federal family law and general federal law jurisdiction, procedure or jurisprudence.
    
3. With respect to the above matters, whether the operation of the Act can be improved through legislative amendments or other non-legislative changes, including structural changes.

Broader consideration of the family law system and Family Law Act 1975 (Cth) outside of the impact of the FCFCOA Act, resourcing for the courts, or an economic evaluation of the efficiency of the courts, are not to form part of the review.

Read the full terms of reference for the review. 

Structural reform of the courts in 2021

The FCFCOA Act commenced on 1 September 2021. The FCFCOA Act, along with the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021, brought the Family Court of Australia and the Federal Circuit Court of Australia together under a unified administrative structure (FCFCOA).

There continues to be two courts. When the FCFCOA Act commenced:

• the Family Court of Australia became known as the Federal Circuit and Family Court of Australia (Division 1). 
• the Federal Circuit Court of Australia became known as the Federal Circuit and Family Court of Australia (Division 2).  

The FCFCOA (Division 1) has jurisdiction in family law and child support proceedings (federal family law matters). The FCFCOA (Division 2) has jurisdiction in relation to both federal family law matters and general federal law matters.

Particular aspects of the FCFCOA Act are described throughout the submission form.

Who reviewers want to hear from

This consultation is open to the public.  
 
People who interact with the FCFCOA (Division 1) and/or the FCFCOA (Division 2) are encouraged to share their experiences of the impact of the structural reforms. This includes:

• legal practitioners, mediators and other professionals who provide a range of supports and services to people in the courts 
• people who have had matters in the courts since September 2021.   

The reviewers are separately consulting with judges, registrars and court personnel of the FCFCOA (Division 1) and the FCFCOA (Division 2).

Purpose and scope of the consultation

Reviewers will use your consultation responses to inform their review and report to the Attorney-General.

Please do not provide detailed information about personal legal matters or cases, or personal information pertaining to third parties. Please do not provide information that is the subject of legal restriction (for example, under section 114Q or section 114R of the Family Law Act 1975). Where that information is provided, reviewers may not be able to consider your submission in their review.

Please do not provide information about your experience of the operation of the Family Law Act 1975, or other issues that are outside of the scope of the terms of reference.

Apart from the question relating to consent, all questions in the survey are optional and you do not have to complete all of the sections.