In a significant development for Australia's legal system, the Federal Circuit and Family Court of Australia Bill 2019 received approval on February 17, 2021, paving the way for the consolidation of the Family Court and Federal Circuit Court into a single entity known as the Federal Circuit and Family Court of Australia (FCFCOA). This merger, scheduled to commence operations on September 1, 2021, under the Federal Circuit and Family Court of Australia Act 2021 (Cth), has prompted many of our clients to seek clarification on its implications, particularly for ongoing or prospective legal matters.

Under the new structure, the FCFCOA will operate with two divisions: Division One, incorporating the former Family Court, will handle complex cases and appeals, while Division Two, comprising the previous Federal Circuit Court, will primarily manage new cases, including family law matters and general federal law issues.

While the merger has generated some controversy, with various stakeholders expressing concerns, including the Law Council of Australia, proponents argue that it will simplify procedures, enhance user experience, and reduce delays. The government asserts that consolidating court rules and practices will improve efficiency and ensure fair outcomes, particularly in family law and child support cases.

Regarding judicial staffing, the government has committed to a minimum of 25 judges for Division One, with additional positions allocated across both divisions. However, concerns persist about the workload of judges, prompting calls for adequate resourcing to ensure timely justice delivery.

For litigants, the merger raises practical questions about filing procedures and appeals. Initiating applications for family law matters will be lodged at an FCFCOA registry, primarily under Division Two's jurisdiction. However, the Chief Justice retains discretion to transfer cases between divisions based on criteria outlined in the new rules.

In terms of appeals, the dissolution of the Appellate division of the Family Court means that appellate jurisdiction will now reside within Division One. This entails procedural changes, with appeals adjudicated by a single judge within Division One, subject to subsequent review by the High Court.

For individuals with existing matters before the Federal Circuit or Family Court, decisions about whether proceedings remain within their current division or are transferred will be made by the Chief Justice, considering resource availability and the broader interests of justice administration. While the specifics of this decision-making process await clarification pending the release of new rules, parties should anticipate potential reassignment based on case complexities.

As the FCFCOA transitions into operation, uncertainties persist about its effectiveness in addressing longstanding issues of cost and delay. It is essential for stakeholders to stay informed as the legal landscape evolves.

As your trusted legal advisors, we are committed to providing ongoing updates and guidance throughout this transition period. If you have any inquiries or concerns about the impending merger and its impact on your legal matters, please do not hesitate to contact us for personalised assistance.