The Courts are grateful to have received a copy of the Report following the statutory review of the operation of the Federal Circuit and Family Court of Australia Act 2021 (Cth) from the Attorney-General, the Hon Michelle Rowland MP.
Whilst the Review was a statutory review of the operation of the legislation, we are delighted by the positive findings of the Reviewers about the Courts' case management processes, innovations, responsiveness to the needs of litigants, expertise, unity and collegiality amongst the judiciary and the effective delivery of justice to the Australian public.
For example, in family law, the Courts' case management approach and the use of registrars is described as a "game-changer". Some excerpts of the Reviewers' endorsements and findings are set out below:
- The legislated single point of entry has been received with widespread enthusiasm. The reviewers heard that it was a significant improvement on the previous system, with many favourable descriptions amongst consultation responses, to the effect that it is an outstanding success. (3.78)
- Overall, consultation participants were satisfied that the single point of entry has led to less confusion and competition, more clarity, certainty, efficiency and co-operation, and a greater shared vision and national consistency between the Courts. (3.79)
- Many respondents were enthusiastic in their observations about the expanded role of the registrars, and their skills and expertise. Registrars were described as impressive, and it was apparent from the responses that they are regarded as a key part of the reforms' successes (3.122)
- Of the participants who commented on the Courts' emphasis on early risk assessment, the majority were positive about how much the understanding of family violence and other risk factors has improved across the Courts, and has helped to ensure that cases are managed in a way that reduces the further risk of systems abuse. The enhanced education and training in this regard was mentioned many times. (3.145)
- The reviewers heard frequent descriptions of improved levels of collegiality and cooperation between the judges of the Courts…words such as cohesive, collegiate, friendliness, camaraderie, harmony and unity were used often. (8.12)
- Overall, assessments of the impact of the dual leadership appointments were strongly positive, with participants describing a range of benefits to both the Courts and the legal profession and litigants. These included consistent leadership and practice in family law matters, enhanced unity and collegiality between the Courts, and the removal of the former tensions and competition for resources between the Courts (2.20).
- The reviewers also heard praise for the leadership of the general federal law jurisdiction, and the positive changes particularly in the migration area. (8.84)
- The changes to the appellate jurisdiction of the Courts - including all Division 1 judges undertaking both appeal and trial work, and the starting position that a single judge hears a Division 2 appeal - were some of the most controversial in the lead up to the 2021 legislation. However, participants regarded these as amongst the most successful reforms, with greatly improved management, timelines and practices. (8.88)
- The reviewers heard several direct, and many indirect, concessions that fears held about the reforms prior to their implementation had proven to be unfounded…Perhaps the most telling feature of the consultations was the frequent expression of concern that the present review might lead to further significant change, which was clearly unwanted. While continuing improvements were sought and welcomed, some participants suggested that the courts have never been as cohesive, nor the family law system as functional, as they are at present. (8.69)
Where areas for improvement have been identified, I have established a Working Group within the Courts to carefully consider any ongoing refinements.
The report demonstrates the significant success of the changes made to improve the operations of the Courts, as reflected in the Act, as well as the success of many other court-led initiatives we have embarked upon during this time to enhance those changes.
These very positive results have been achieved thanks to the dedication, skill and integrity of the Judges, Registrars, Court Child Experts, Indigenous Family Liaison Officers and staff of the Courts, with the significant cooperation of the profession.
The Courts work in harmony in 17 permanent locations and more than 25 regional locations across Australia with over 125 judges, 150 registrars and 600 staff. I acknowledge each of them for their dedication to the administration of justice.
We are proud of the work we are doing across all areas of jurisdiction. Ours are the Courts everyday Australians are most likely to engage with, being the predominant federal trial courts throughout the country. The FCFCOA (Division 1) and FCFCOA (Division 2) are ensuring that all Australians, including those living in rural and regional areas, have access to the Courts' services to resolve disputes relating to areas of significant impact on their daily lives. Whether that be divorce and family disputes, protecting workplace rights, consumer rights, human rights and ensuring fairness for individuals and small businesses facing potential bankruptcy.
We will continue to work closely with the Attorney-General, the Hon Michelle Rowland MP, and the Government, to provide the best system of justice available for Australian families and the people we serve.
The FCFCOA Act Review was undertaken between 1 September 2024 and 1 March 2025 by independent reviewers, the Hon Linda Dessau AC, and Professor Helen Rhoades OAM, who have significant family law expertise. The Review was conducted in co-operation with the FCFCOA (Division 1) and FCFCOA (Division 2), the Federal Court of Australia, the Family Court of Western Australia, the profession and relevant stakeholders.
The Hon Chief Justice William Alstergren AO
Chief Justice - Federal Circuit and Family Court of Australia (Division 1)
Chief Judge - Federal Circuit and Family Court of Australia (Division 2)
