You have3 free articles left this month.
Register for a free account to access unlimited free content.
You have 3 free articles left this month.
Register for a free account to access unlimited free content.

Lawyers Weekly - legal news for Australian lawyers

Powered by MOMENTUM MEDIA
lawyers weekly logo

Powered by MOMENTUM MEDIA

Goodbye job applications, hello dream career
Seize control of your career and design the future you deserve with LW career

‘No excuse’ for failing to address ‘immediate crisis’ in family courts

While the Law Reform Commission’s inquiry into the family law system should and will be carefully considered, immediate solutions are still needed to ease the burden on our courts, argues the Law Council of Australia.

user iconJerome Doraisamy 15 April 2019 The Bar
‘No excuse’ for failing to address ‘immediate crisis’ in family courts
expand image

LCA will “carefully consider” the recommendations of the Australian Law Reform Commission’s Family Law for the Future – An Inquiry into the Family Law System report but said that “immediate solutions” are required to ease pressures on the Family Court and Federal Circuit Court for the good of Australian families.

“The Law Council will closely review the ALRC’s recommendations with the diligence and respect the report deserves. However, there is no excuse for failing to act now to address the immediate pressures facing the family courts,” LCA president Arthur Moses SC said.

“In order for any reform to succeed, there must be proper consultation with the public, the courts, state and territory governments and the legal profession. Any transfer of family law jurisdiction to state and territory courts as suggested by the ALRC will be a five-to-10-year project. Assuming agreement can be reached with all state and territory governments, each will have to find funding and resources and will need to pass legislation for any new arrangement.”

It is unlikely state and territory governments who already carry the burden of having to fund Commonwealth criminal cases will take on more work in the absence of any proper funding, Mr Moses continued.

And while the points raised in the ALRC are important, he mused, Australia’s family law system “is in immediate crisis” due to a lack of resourcing, poor planning and outdated court rules, with the federal government having an obligation to ensure the courts are properly resourced and that the Family Court and Federal Circuit Court move to advance the streamlining of rules and forms as a matter of urgency.

“These issues can and must be attended to now. This is something which the legal profession has been demanding for some time,” Mr Moses said.

“Renaming a court to solve problems was a mirage – Australian families need real solutions and prompt action. Similarly, shifting responsibility to another jurisdiction can never be the answer to a problem when a lack of resources is at its core.”

He added that he was “very troubled” the report was only released after the government failed to get its flawed merger bills through the Parliament.

“This conduct appears to be a breach of faith with the Australian Parliament, the community and the legal profession. There must always be a high level of trust between the profession and the Attorney-General,” Mr Moses said.

“The government, the Parliament, the courts and the legal sector must work together to improve outcomes for families and children following the breakdown of relationships. This cannot occur when vital pieces of information, consultation and research are withheld.”

Jerome Doraisamy

Jerome Doraisamy

Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.

You can email Jerome at: jerome.doraisamy@momentummedia.com.au 

Comments (4)
  • Avatar
    In order for any real change to happen in the family law system in this country we need a mindset shift on the part of the lawyers. Most families need a common sense, collaborative approach not lawyers advocating on behalf of one client against the other party creating a bigger rift in the family dynamic. We need lawyers who are emotionally intelligent and social scientists specifically trained to deal with clients going through separation and divorce. If over 80% of cases settle before going to trial if a common sense approach was adopted at the beginning matters could have been sorted way before. Family law is emotional, it's a dissolution of a marriage contract, not the dissolution of the family but when parties go through the legal process families are destroyed with no hope of ever been able to work together or co-parent successfully.
    2
  • Avatar
    More smug virtue signalling by the peak legal bodies. To reform the family law system (a) sack half of the useless bureaucrats who 'work' there (but in fact do nothing apart from cursing men) (b) get rid of the ludicrous bureaucracy which weighs everyone down with pointless paperwork (c) actually have judges who MAKE DECISIONS rather than going on with pointless 'counselling will solve everything' when it doesn't.
    1
  • Avatar
    This guy sure does a lot of talking. Does he do anything else?
    0
  • Avatar
    Until the Law Council start defending everyone's freedoms (not just the freedoms of people who they politically like) they aren't worth listening to on any topic.
    1
Avatar
Attach images by dragging & dropping or by selecting them.
The maximum file size for uploads is MB. Only files are allowed.
 
The maximum number of 3 allowed files to upload has been reached. If you want to upload more files you have to delete one of the existing uploaded files first.
The maximum number of 3 allowed files to upload has been reached. If you want to upload more files you have to delete one of the existing uploaded files first.
Posting as
You need to be a member to post comments. Become a member for free today!