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Calls to scrap proposed family law measure
A parliamentary hearing has heard that the proposed Parenting Management Hearings should be abolished, with funds to be re-invested to reduce “unacceptable” waiting times in the family and federal courts.
Emma Musgrave
The Law Council of Australia called for the proposed hearings to be abolished in a parliamentary hearing last week.
Under the measure, a pilot program will be initially rolled out in Parramatta to allow self-represented litigates to resolve their disputes. A bill to enable the measure is currently before the Senate, the LCA explained.
LCA president Morry Bailes said the proposed panel represents a “radical departure” from the established position under Australian law as well as “adding another layer of complexity in what is already a complex system”.
“The making of decisions about matters such as where a child lives, with whom a child spends time, and how a child communicates with a parent, let alone questions of parental responsibility, are matters that are, and should remain, within the remit of judicial decision-making power of judges,” Mr Bailes said.
“The panel also creates yet another layer of complexity to the navigation of the family law legal system, and increases, rather than reduces, the risk to children and adults involved in family law disputes.
“The changes proposed by the bill, and the radical steps they seek to implement, must be viewed with even greater concern, in the context of the ongoing Australian Law Reform Commission Review of the Family Law System,” Mr Bailes said.
Mr Bailes added that the $12.7 million to establish and operate the panel could achieve a far better outcome for children and parents involved in family law disputes by instead “allocating the funding to improve resourcing of the existing court system, as well as counselling and support services, such as contact centres”.
“Funding of this magnitude could make a significant improvement to the capacity of the Family Court and the Federal Circuit Court to triage and hear cases more quickly,” Mr Bailes said.
“If the aim of the proposal is to respond more quickly to the needs of unrepresented litigants with less complex disputes, then both courts would be in a position to respond appropriately to those needs by, for instance, funding for the recruitment of registrars.”
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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