May it please the Court.
I begin by acknowledging the traditional custodians of the land we are meeting on and recognise and pay my respects to Aboriginal and Torres Strait Islander people here today.
It is a great privilege to celebrate the 25th anniversary of the Federal Circuit and Family Court of Australia (Division 2).
I very much appreciate Chief Justice Alstergren's invitation to speak today.
I acknowledge the many eminent current and former members of the judiciary and the legal profession who are also present.
I am honoured to be here as Australia's 40th Attorney-General, on what just happens to be my 41st day in the job!
I approach the role of Attorney-General with great humility, a deep sense of responsibility and a commitment to upholding the rule of law, while promoting public trust in Australia's legal system.
That includes the vital court system, of which the Federal Circuit and Family Court of Australia is a valued component.
The FCFCOA (Division 2) began its life as the Federal Magistrates Court, under the newly passed Federal Magistrates Act 1999. Then, as now, the dominant purpose of the Court was to provide a quicker and cheaper pathway for Australians to resolve their legal matters.
From the outset, the Court's jurisdiction covered important areas including family law, human rights, administrative law and trade practices.
The Court started with only 10 magistrates. Modest beginnings, yes, but the Court's efficient exercise of federal jurisdiction eased the respective workloads of the Federal Court of Australia and the then- Family Court of Australia. And, by doing so, it helped improve access to justice for Australians.
Indeed, the most novel and consequential feature of the Court was its emphasis on user-friendly, streamlined procedures.
Going to court can be daunting. By operating as informally as possible whilst still ensuring the proper discharge of its judicial functions, the Court focused on improving the way families and self-represented litigants interacted with the justice system.
This focus was driven by prioritising alternative means of dispute resolution.
By the time the Federal Magistrates Court became the Federal Circuit Court of Australia in 2013, the Court had established itself as an indispensable interface between the Australian people and the federal judicial system.
The number of judges that held appointments to the Court had increased to 64, and central to the Court's growing jurisdiction were family law, bankruptcy and migration matters.
In 2021, the establishment of the Federal Circuit and Family Court of Australia marked a new chapter for what we now know as the FCFCOA (Division 2).
It now has 91 judges, whose exceptional skill and training has enhanced the Court to adapt to changes in law over time.
The Court has developed an impressive reputation as 'the workhorse of the federal judiciary'. This would not be possible without the dedicated staff who have served the Court so reliably over many years, and who ensure the Court can deliver its services across Australia. Whether listing a matter in Melbourne or supporting a circuit to Mount Gambier, the Court's passionate staff are often the face of the justice system.
The growth in demand for the work of the FCFCOA (Division 2) is both a reflection of the pivotal role the Court plays in supporting Australians when they need it most, and an endorsement of its success.
It is this very growth in demand that has acted as a driving force for forward thinking and evolution over the last 25 years.
While the Court has adopted many innovative approaches since its inception, I would like to highlight some from recent years.
There would be no more appropriate place to start than by acknowledging the Court's most recent campaign to combat domestic and family violence against women - which brought together sport, prominent Australians and a strong message to 60,000 footy fans at the MCG in Melbourne, and then another 60,000 fans at the State of Origin in Perth.
More than simply an impactful campaign - this was a demonstration of the Court's ability to reach Australians outside of our legal system, and by doing so, raising awareness and promoting behavioural change.
I acknowledge Chief Justice Alstergren's leading role in driving this case for change.
The Court's focus on domestic and family violence is also evident from recent developments in its own practice and procedure. In 2022, the world-leading Lighthouse program was introduced. Lighthouse ensures early identification of safety risks and use of the most appropriate case management pathway, including referrals to support, and health services particularly for people at high risk.
Over the years, the program has proven to be instrumental in supporting the Court to more effectively protect and prioritise the safety of children and vulnerable individuals in family law proceedings, by identifying the entrenched and prevailing risks of family violence.
Another innovation has been the Priority Property Pools Cases model. The Court, in close partnership with Government, has established the model to fast track small-value property matters.
Since its pilot in March 2020, this approach has been rolled out nationwide, providing a faster, more affordable and less stressful path to settlement for couples with small property pools.
By streamlining the process, the Court is delivering justice that is efficient and compassionate - helping families resolve disputes quickly, reduce costs, and move forward with confidence. This model is a powerful example of how thoughtful reform can make a difference to the financial recovery and wellbeing of separated families.
I also acknowledge the significant role of the Court in implementing legislative reform.
In the last two years, the Government has progressed important amendments to the Family Law Act. This has involved the passage of three pieces of legislation, to simplify and enhance the parenting and property frameworks of the Act, and to improve the sharing of safety-related information.
These reforms sought to better address family violence, to reduce the distress and hardship caused by protracted and adversarial litigation, and to make the legislative framework clearer, simpler and better equipped to support vulnerable individuals - particularly children - in resolving parenting and property matters.
The Court now has a critical role to play in operationalising these reforms, as judicial officers apply the legislation to specific cases.
I very much look forward to seeing the body of jurisprudence that develops, and to monitoring the ongoing impact of these important reforms.
Aside from the Court's important work in the family law jurisdiction, the Court has a leading role to play in the administration of broad areas of federal jurisdiction, including Fair Work and industrial law, migration, bankruptcy, human rights and administrative law. Many of these jurisdictions have a deeply personal element, and the rights and obligations being considered by the Court in these areas are fundamental to the Australian community. I acknowledge the work the Court is doing across the general federal law and migration jurisdictions, which is reflected in the investment that has been made, in particular, in the migration jurisdiction.
I congratulate the Court for its contributions to the administration of justice and to the Australian community over the past quarter of a century. I recognise the immense benefits that the commitment to service demonstrated by this Court has had for the Australian community, including through its circuit program to regional and rural Australia.
As Attorney-General I am looking forward to working with the Chief Justice and the Court to explore further innovations to strengthen access to justice, and to ensure the Court continues to make a real impact for those in our community who rely on its services at their time of need.
May it please the court.
