Powered by
MOMENTUM
MEDIA
The Law Council of Australia has called for children’s best interests to remain the focus of family law reform, along with securing funding for initiatives such as the Lighthouse Program and Evatt List.
The Law Council of Australia has recognised that while the family law system plays an important role in protecting children and supporting families experiencing conflict and violence, concerns remain about safety, fairness, and support accessibility.
While significant improvements have been made within the courts, the organisation has explored the necessity of a potential further reform.
Currently, family law matters are conducted in the Federal Circuit and Family Court of Australia (FCFCOA), which consists of two divisions dealing with divorce, parenting arrangements, and property matters.
Just recently, a roundtable conducted by Melbourne Law School and the National University of Singapore had representatives from the FCFCOA discussing how AI can ease a judge’s workload within these courts, highlighting proactivity in alleviating the system.
Speaking on the current family law judicial system, Law Council of Australia president Tania Wolff appreciated the improvements that have been made in recent times.
“Our family law judicial system has evolved since its inception, with a great many innovations and improvements introduced to protect children,” Wolff said.
“The courts have the difficult task of adjudicating the most complex matters in the family law system in accordance with procedural fairness principles.
“Around 80 per cent of matters coming before the courts involve one major risk factor, including family violence.
“The courts take allegations of child sexual abuse, family violence and other risks to children extremely seriously.
“In every parenting matter, the courts must, by law, have regard to the best interests of the child.
“Children’s views are an important consideration under the Family Law Act, amongst the many factors and evidence which the courts must carefully weigh in determining a child’s best interests.”
In May, the council argued that the federal budget provided inadequate funding for legal assistance services, leaving children and victims of family violence with minimal access to fundamental legal support.
Despite the courts introducing measures to reinforce their family violence response, the council noted that no court’s decision-making processes are flawless every time.
Decisions made by the courts regarding family law remain subject to appeal in instances where legal mistakes occur, material factual findings lack evidentiary grounding, judicial discretion extends beyond reasonable limits, or procedural fairness is compromised.
The council recognised that family lawyers have an essential role in ensuring Australia’s family law system serves the community effectively, with legal practitioners being officers of the court and having stringent professional and ethical obligations.
With the courts expecting all professionals to undergo ongoing training and development to ensure they have proficient knowledge of family violence, the council strongly encourages Australian legal practitioners to undertake this training consistently.
In August, the council provided several recommendations regarding the second action plan to the National Plan to End Violence Against Women and Children 2022–2032.
The council said: “The Australian government should provide ongoing, sufficient and sustainable funding for the family violence and cross-examination of parties scheme, while considering reforms that preserve its protective purpose, guard against system abuse and maintain procedural fairness.”
Reflecting on this, Wolff highlighted several key priority areas for action that involve the rights of young children and families.
“There is no doubt improvements have been made, and should continue to be made,” Wolff said.
“A number of opportunities to reform the family law system, particularly for victim-survivors of family violence, are currently before us.
“The release of the domestic family and sexual violence commission’s yearly report highlighted the ‘profound sense of possibility – and urgency’ underpinning reform in this area.
“Importantly, this report identified priority areas for action that include the adequate funding of independent children’s lawyers, secure ongoing funding for Lighthouse, the Evatt List and Indigenous family liaison officers, greater access to legal assistance, and the establishment of a Federal Judicial Commission.”
Wolff noted that the upcoming statutory review should consider whether recent reforms have enhanced information sharing between state and territory agencies and the family law courts, and ensure that the experiences of children and family members subject to violence remain at the forefront of any future reform.
“It is important to understand whether information sharing between state and territory policing, firearms and child protection bodies and the family law courts has improved since changes to the law came into effect in 2024,” Wolff said.
“The upcoming statutory review of these amendments will help determine any gaps and whether further reform is necessary.
“It is essential that the voices of court users, including children, are clearly heard in any discussion regarding potential reforms, and that any research relied upon to inform public debate is rigorous and transparent.”
