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‘Quick fix that won’t work’: LIV on proposed family court merger

With the bill currently before Parliament, the Law Institute of Victoria (LIV) has come out opposing the merger of the specialist Family Court with the Federal Circuit Court, saying its a quick fix solution that won’t work.

user iconEmma Musgrave 12 November 2020 Politics
‘Quick fix that won’t work’: LIV on proposed family court merger
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The bill proposing the merger of the specialist Family Court with the Federal Circuit has received vast criticism since its introduction in 2018. Now that the bill is before Federal Parliament, the LIV has joined one of many reiterating its opposition of it going ahead.

Commenting on the matter, LIV family law section chair Nicky Neville-Jones said passing the bill would have negative implications for Australian families, including the vulnerable, children and victims of family violence.

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Describing it as "a quick fix", Ms Neville-Jones said the merger wouldn't do what it intends to do, which is tackle the significant delays in the family law system. Instead, she suggested the merger could potentially do more harm than good.

“While we agree that the system is broken and that reform is needed, we do not agree that the merger bill is the quick fix required, particularly in circumstances where a detailed ALRC Report has also now been released since the introduction of the bill that needs careful consideration before any major reforms are carried out, as well as further consultation with stakeholders," Ms Neville-Jones said.

Ms Neville-Jones added a primary concern with the bill is that "we will lose our specialist Family Court of Australia and its specialist judiciary due to the structural reform the bill delivers".

“Ultimately the federal government should listen to the various bodies against the bill including the LCA before moving forward with something that has the capacity to cause more delay and negative implications for the vulnerable who greatly benefit from a specialist judiciary," she said.

These latest comments from the LIV follow other legal bodies sharing their opposition to the bill being passed in Parliament, including the Law Council of Australia (LCA), Women’s Legal Services Australia, Community Legal Centres Australia and the National Aboriginal and Torres Strait Islander Legal Services.

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