find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Debate intensifies over family court system

Debate intensifies over family court system

Family court

The family court “crisis” has prompted a legal association to call on the federal government to appoint more judges with relevant expertise, instead of replacing the existing system.

The debate around Family Court proceedings began to gain traction again earlier this year, after Pauline Hanson’s One Nation Party called for the Family Court to be abolished.

Responding to this argument, a number of family law experts told the ABC that while abolition calls should be dismissed, an overhaul of the Family Court is needed.

However, the Family Law Practitioners Association of Queensland (FLPA) said the real solution to the “family law courts crisis” is the federal government appointing more judges with family law expertise.

In a letter addressed to the Attorney-General, Senator George Brandis QC, the FLPA said the strain on current judges is significantly impacting family court proceedings.

“In short, the Family Courts are at saturation point. But the system isn’t broken, it just needs more resources,” said Clarissa Rayward, FLPA president.

“Judges do their best to manage but it is a losing battle without more resources.

“Resolving a case quickly is in the best interest of children and families and will best protect them from risk, particularly when family violence is involved.”

Ms Rayward said that while the FLPA welcomes constructive reviews of family law proceedings, a new system will not solve any problems.

“Implementing a completely new system risks making the existing problem worse, as existing resources will be stretched further,” she said.

“Any system, new or old, will fail without adequate resourcing.”

Ms Rayward noted that the FLPA is concerned with the suggested replacement concepts.

“Concepts such as determining disputes by laypeople risk introducing unpredictable justice, and turning on subjective values of decision-makers will only lead to further discontent among the community,” she said.

“The Family Courts have more than 40 years of successfully determining disputes in this complicated area, which will continue to work if the existing court is properly funded.”

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Debate intensifies over family court system
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
microphone
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
protest
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Blocked
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...