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Legal funding welcome but underlines crisis, says LCA
The Law Council of Australia has welcomed new funding for legal representation so that victims of family violence are not cross-examined by their alleged abusers, but warned that urgent action is needed to fix the broader Family Court funding crisis.
Tony Zhang
Law Council president Pauline Wright said the additional Commonwealth funding emphasised the sheer number of cases in the system involving family violence.
“Unfortunately, it will not address deeper problems in the family law system arising from a long-term underfunding of legal aid and too few judges, registrars and court counsellors.”
The announcement comes after a hearing in the Family Court in Brisbane was cancelled due to a lack of funding under the scheme. In Queensland, 35 trials have been affected by the funding shortfall.
New laws came into effect in September that prevents the cross-examination of a witness personally by a former partner in cases that involve family violence.
Families continuing to suffer from lack of legal aid in both the Family Court and the Federal Circuit Court with funding capped in states such as Queensland and NSW.
The NSW Bar Association had previously also called the family law system “neglected, underfunded and under-resourced”.
“Unfortunately, it will not address deeper problems in the family law system arising from a long-term underfunding of legal aid and too few judges, registrars and court counsellors,” Ms Wright said.
“A significant number of families in the Family Court and Federal Circuit Court remain unrepresented throughout all stages of proceedings because of a lack of funding for legal aid.”
New figures from the Productivity Commission show delays across the family law system are reaching alarming levels.
The number of non-appeal matters in the Family Court that have been in the system more than 24 months has increased dramatically – by 44 percent over the last year.
In the Federal Circuit Court the number of cases over 12 months awaiting hearing has increased by 17 per cent.
“As part of negotiations for a new legal assistance funding agreement between states, territories and the Commonwealth, all governments need to urgently address the underfunding of legal assistance,” Ms Wright said.
“There is also a need to retain a specialist standalone Family Court, particularly in cases involving allegations of domestic violence.
“Today’s crisis is the results of failure by successive governments to provide sufficient resourcing to the courts, to legal aid, and to the legal assistance sector.
“More Australians come into contact with the family law system than any other part of our justice system. Families need real, long-term solutions that will improve the cost, length and accessibility of justice.”
