The Federal Circuit and Family Court of Australia (“FCFCOA”)

Another Step Towards Efficiency and Responsiveness

On 1 September 2021, the Federal Circuit Court and the Family Court of Australia, merged into a single court known as the Federal Circuit and Family Court of Australia (FCFCOA).

The merge is to create a simplified, single-entry point for families, reduce complexity and provide consistency in proceedings.

The new Court is governed by new case management and a single set of rules, designed to resolve the caseload backlog and reduce overall processing time.

The purpose of the FCFCOA is to facilitate the just resolution of disputes according to law, as quickly, inexpensively and efficiently as possible.

Judicial Registrars are now to "case manage" matters before they are allocated to a Judge for hearing with the aim to improve early risk identification and safety of vulnerable parties.

With the new Court, pre-action procedures which include compulsory private mediation with a Family Dispute Resolution (FDR) practitioner, or a mediator, are now compulsory across both property and children matters.

The new Court has introduced more stringent timelines for filing of evidence and streamlined court processes. Breaches of any court orders including procedural orders will now be taken more seriously.

There is the ever-increasing emphasis on parties to participate in alternative dispute resolution services to resolve their family law disputes in a less acrimonious and minimal costs.

*Contents above are not intended to be legal advice, legal advice will only be provided upon consultation with our office.

Author:

Ms. Macy Yao, Solicitor

Ms. Anica Zhang, Principal