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$15.5m family law funding ‘unacceptable’, LCA says
Despite a government funding injection into the family law system, it will do nothing to improve long wait times, lack of legal aid and the limited law professionals, according to the LCA.
Naomi Neilson
Responding to the 2019-20 Mid-Year and Economic Fiscal Outlook, Law Council of Australia president Arthur Moses SC said the funding was only a small step and would not improve the “devastating delays” that most vulnerable people face in the family law system.
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“We are still seeing devastating delays for families with some unable to obtain the final hearing dates for two years, let alone any subsequent delays in judgements. The sad reality is that the delays taken from the date of filing to resolution of the cases in family law matters [are] unacceptable,” Mr Moses said of the Law Council’s critique.
Mr Moses said families continue to suffer from lack of legal aid in both the Family Court and the Federal Circuit Court. Lawyers are attempting to settle matters outside of court in mediations, but for those that need a judicial decision, “delays are unacceptable”.
In 2018-19, only 62 per cent of final order applications in the Federal Circuit Court had been disposed of in 12 months, far below the target of 90 per cent for timely completion of cases. In Family Court, applications over 24 months jumped from 16 per cent to 22 per cent.
Mr Moses said the law prevents victims being cross-examined by their alleged abusers but can only work if it is backed up by government with ongoing support in proceeding budget plans, particularly for legal aid commissions. He said commissions are at their “breaking point” and lack of funding “should have been addressed much earlier”.
“The Law Council [has] continuously called for more support for families as significant numbers of families in Family Court and Federal Circuit Court remain unrepresented throughout all stages of proceedings because of a lack of funding for legal aid. There is no point having rights if you cannot exercise them. Otherwise it is a cruel hoax,” Mr Moses said.
Mr Moses called on the government to properly resource both courts. No other funding has been allocated for the recruitment of judges and has been “deliberately withheld” by the government in favour of its “flawed” merger of the courts.
He added the proposed merger fails to alleviate “fundamental problems plaguing the system”, including the underfunding of legal assistance and lack of new judges.
“Families should not be used as a political football for the government to have flawed legislation passed by parliament. The Law Council remains concerned that there are other serious issues in the family law system being left unaddressed,” he said.
