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Federal Circuit Court fast tracks urgent COVID-related cases
A dedicated list has been established by the Federal Circuit Court of Australia to urgently deal with a surge in parenting-related and domestic violence disputes amid COVID-19.
Naomi Neilson
In a four-week period between March and April, urgent applications surged 39 per cent and 23 per cent in the Family Court and the Federal Circuit Court, respectively. The courts were also advised by Women’s Legal Services of an increase in the enquiries relating to lockdowns.
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Chief Justice of the Family Court of Australia and Chief Judge of the Federal Circuit Court of Australia, the Honourable Will Alstergren, said the new list is designed to urgently deal with the cases that need attention in this crisis and support existing work by judges.
“It is important that these urgent COVID-19 applications are closely managed on [a] national basis so that they can be heard as swiftly as possible given unprecedented circumstances we are facing,” Mr Alstergren said, adding that the public should be aware that judges will hear the urgent applications electronically as quickly as possible.
Applications that are eligible to be dealt with through the COVID-19 List, especially those involving risk and family violence, will receive immediate attention from 29 April. The cases will be assessed by a registrar and allocated to a judge within 72 hours.
“Court staff and judges are working tirelessly to ensure that work continues and Australian families are supported,” Mr Alstergren said. “The COVID-19 List is another example from courts responding to the needs of the community during these stressful times.”
The COVID-19 List will operate initially for approximately three months, but it may extend after an assessment. Parties will still be expected to adhere to COVID-19 requirements.
The Law Council of Australia welcomed the COVID-19 List and commended the staff and judges that have worked to ensure courts can still operate during the pandemic, making changes to registry services and implementing online mediation and virtual hearings.
“Innovative measures by the family law courts such as this will be of great assistance for families during the current crisis but it is essential that the chronic underfunding of family law by successive governments over many years be addressed to ensure that the courts are properly equipped for the recovery phrase,” president Pauline Wright said.
Women’s Legal Service Queensland commended Mr Alstergren for responding so quickly to calls for a specialised COVID-19 List, but the service is asking for additional funds from the Commonwealth to ensure the new system runs smoothly and victims are supported.
The service reported a “fundamental shift” in calls to its Statewide Helpline, with estimated 50 per cent to 90 per cent of enquiries now related to COVID-19, domestic violence and parenting. Many calls are also from new clients or reopened cases due to restriction impacts.
Women’s Legal Service Queensland CEO Angela Lynch applauded the quick action from the courts and the use of short-form application processes to ease access to the courts.
“This new approach is revolutionary in the family court,” Ms Lynch said. “With additional funding from the Commonwealth for legal services that hopefully come with it, the List will facilitate quick access to justice, assist in faster dispute settlements, lessen opportunities for violence and increase the safety of both adult and child victims.”
