Following inquiries by the Australian Law Reform Commission and the joint select committee into Australia’s family law system, several updates were made to improve Australian family law. The changes aim to reduce the time families spend in courts and to make the process easier to navigate.

Following the unification of the Federal Circuit and Family Court of Australia, together with their procedures and rules, a new financial penalty was also introduced if parties hinder a case being resolved “as quickly, inexpensively and efficiently as possible”, according to Stoker.

To ease the caseload of family law court judges, senior registrar and registrar numbers have been boosted and their responsibilities expanded. Stoker outlined their “enhanced role, which includes triaging and managing cases upfront, and … alternative dispute resolution”.

$60.8 million has been injected into the new combined family court by the Australian government to facilitate these reforms.

Senator Stoker summarised the desired outcomes from the changes, including dramatically reducing case times from up to 26 months for the Federal Circuit Court and 38 months for the Family Court to under 12 months for 90 per cent of cases going forward. 

Positive results are already being seen, the Assistant Minister to the Attorney-General proclaimed.

Case backlogs have fallen by 12 per cent since September 2021, she said, and the average number of matters before judges has been reduced by over 41 per cent  from May 2021 to 31 January 2022. Stoker did provide assurance that judges are still responsible for complex interim hearings.

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Senator Stoker stated: “Increased access to alternative dispute resolution is saving costs and trauma for parties. Reforms to shift the front-end case management work from judges to registrars is providing a pathway for more cases to be heard quickly, efficiently and cost-effectively. 

“And it’s providing a pathway for high-risk cases to be identified early, to ensure the safety of vulnerable parties and children.”

The recent reforms have also benefited regional Australia, Senator Stoker continued. From 1 July 2022, twenty-six new locations in Australia will have access to Family Advocacy and Support Services. Stoker noted that having more registrars has already had a positive impact on rural and regional Queensland.

After outlining the benefits of the reforms for both families and the legal profession, Senator Stoker concluded: “Australia’s family law system has a proud history of innovation. It is supported by incredibly hard-working and dedicated legal professionals – including members of the Bar Association of Queensland.”