What is “the Family Court Merger”?
On 1 September 2021, the Federal Circuit Court and Family Court of Australia (which initially operated effectively as two separate Courts) merged to become the Federal Circuit and Family Court of Australia. With the amalgamation of the two Courts, came a significant change in the way family law is practiced. As experts in litigation, we have remained informed and up to date with the respective changes put in place by the recent merger. Our family law department can offer you comprehensive advice, preparation and representation of you in your Court Case.
Why did two become one?
The merger of the two Courts is in response to calls from the public for change to the Family Law system as it has been historically criticised for being an adversarial, drawn-out, and costly process for parties trying to resolve their matters.
The newly merged Federal Circuit and Family Court has received more than $100 million in funding from the Commonwealth Government and the new Court is intended to remedy the former criticisms of the old system to facilitate the resolution of disputes as quickly and inexpensively as possible. The new processes in the merged Court are largely focused on dispute resolution between parties to a dispute. The new processes aim to settle matters without undue delay.
What does it mean for litigants?
What the recent changes mean for litigants, is the resolution of disputes within the specified 12 month period from filing. As well as, practice focused on keeping parties out of the Court system where possible and where appropriate. The new rules provide for a wide range of pre action protocols that parties, in most circumstances must complete prior to initiating court proceedings, such as making a genuine offer of settlement, exchanging relevant documents and attending mediation.
At the Law Office of Conrad Curry we are experienced in litigation, as well as mediation and dispute resolution, and we anticipate that these recent changes to family law processes will be confusing and daunting for some. Our Family Law department has adapted to these recent changes and can provide you effective and accurate advice and representation accordingly.
