The evidence for rethinking the Family Court’s future

10/08/2018

Law reform and public affairs

In an op-ed article (click here) for today's Australian, Bar Association President Arthur Moses SC called on the Federal Attorney-General to carefully re-consider the proposal to abolish the Family Court of Australia in light of four critical pieces of evidence on the public record.

Mr Moses said: “I have no doubt that the Attorney-General, who I know to be a good lawyer and an honourable man, is advocating this policy in good faith but he needs to examine the evidence and not rush through the Parliament legislation that may cause harm to families.”

“Australia’s family law system is complex. If any proposed reform is to succeed, policymakers must understand the system’s nuances and its practical operation. For this reason, in the absence of public consultation, the NSW Bar Association has called for an informed national discussion about the future of the Family Court, to promote the best outcomes for Australian families and children in need of its specialist services.”

“Regrettably, the Attorney-General’s proposal to merge the Family Court into the lower, generalised Federal Circuit Court fails to address four facts on the public record.”

Last week the Association released a discussion paper to encourage a national conversation about the benefits of preserving a specialist "Family Court of Australia 2.0" as an alternative to the restructure proposed by the Commonwealth Attorney-General on 30 May 2018. The discussion paper available here.