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Family Court Merger

 

The Family Court of Australia and the Federal Circuit Court of Australia will soon undergo a significant change.

Starting from 1 September 2021, the two courts will be merged into the Family Court and Federal Circuit Court of Australia (FCFC).

 

What Does This Mean?

 

The amalgamated court will have two divisions: Division One and Division Two.

Division One will hear appeals and deal with the most complex matters relating to families and children.

Division Two will replace the Federal Circuit Court and will receive all initiating cases meaning that all cases will enter into the Court system from one single entry point, thereby eliminating the need to consider where to commence proceedings.

Once proceedings have been received into the Federal Circuit Court, they can be transferred to the Family Court if assessed as being eligible for that jurisdiction.

 

What Type of Matters Will Be Heard?

 

There will be no change as to the types of matters that will be heard in these Courts, that is, they will continue to specialise in family law and the current specialist judges will continue in their roles.

In fact, under the new structure, more judges will be appointed to the two courts. Hopefully, this will mean that matters can come before the Courts quicker than the current wait times.

The Courts will continue to focus on key case management.

The Personal Property Pool 500 (PPP500) was recently introduced as a 2-year pilot program with the aim to provide a simplified way of resolving property disputes.

This will minimise risk, legal costs, and try to preserve the parties’ assets, particularly when the asset pool is less than $500,000.

As of yet, it is unclear exactly how the merger will affect families and pending cases.

The practitioners at Bambrick Legal are following this matter closely and will keep our community updated on changes and any actions they may need to be taken.

 

Contact Us

 

For more information on the imminent Family Court Merger, contact us at Bambrick Legal today:

You can also read more about our Family Law services here.

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