Family Court of Australia and Federal Circuit Court to merge – What does this mean?

The Federal Circuit and Family Court of Australia Bill 2019 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019 were passed in the Senate on 17 February 2021 and received Royal Assent on 1 March 2021.

The new legislation will amalgamate the Federal Circuit Court of Australia and the Family Court of Australia into one Court, known as the Federal Circuit and Family Court of Australia (FCFC). The new Court will comprise two Divisions and will operate from 1 September 2021, under a single set of rules.

What exactly does this mean?

From 1 September 2021, the Federal Circuit Court and the Family Court will merge into the Federal Circuit and Family Court of Australia.

The new Court will compromise of two Divisions. Division 1 will include judges from the Family Court dealing with the more complex matters and exercising appellate jurisdiction, while Division 2 will consist of judges from the Federal Circuit Court, which will be the single point of entry for family law and child support cases. Initiating applications must be filed in Division 2 and more complex matters may be transferred to Division 1 upon the direction of the Chief Justice.

The FCFCA will operate under the leadership of a Chief Justice with the support of a Deputy Chief Justice, each of whom will hold a dual commission to both Divisions of the FCFCA. For the first 18 months of operation, the rules for each Division will be made by the Chief Justice and the corresponding Chief Judge. Following the initial period, the rules will be made by majority decision of all FCFCA judges.

The explanatory memorandum of the recently passed bill reiterates that the structural reform will establish a single point of entry for federal family law matters, which would help to reduce delays and backlogs in the family law courts by driving a faster, cheaper, and more consistent resolution.

What does this mean for you?

If your matter is part of the Lighthouse Project, on the national COVID-19 List, or if you currently have a matter before the Family Court of Australia or the Federal Circuit Court of Australia, these reforms will not have an immediate effect on your matter. Transitional arrangements will be in place for those matters that are before the courts at the time of the commencement of the reforms to minimise any delay or inconvenience to parties.