FED: Big changes needed to Family Courts Law Reform report

AAP General News (Australia)
08-20-1999
FED: Big changes needed to Family Courts Law Reform report

CANBERRA, Aug 20 AAP - Australia's family court system has come under scathing attack in a
wide-ranging report released today.

The Australian Law Reform Commission (ALRC), in a 500-page discussion paper on the nation's
legal system, reported constant criticism of family courts.

"Basically we found that parts of the civil justice system are performing very well," ALRC
president Professor David Weisbrot said.

"But there is still considerable room for improvement.

"For example, the Family Court case management system is not operating well."

Inquiry head Kathryn Cronin said the Family Court's inflexible approach, requiring cases to
go through set procedures, boosted costs and delays and contributed to poor compliance with
orders.

"Our consultations on the Family Court revealed a deep sense of frustration," Dr Cronin
said.

"People complained about the number of occasions they were required to attend court and the
lack of continuity in proceedings.

"People are often forced to tell their story over and over again because they may be
dealing with a different court officer each time."

The ALRC paper proposes improvements to case management, making better use of judicial time
and tailoring procedures for individual circumstances.

It endorses the Federal Court's system of one judge, or a team of judges and registrars,
taking responsibility for a case from start to finish.

The inquiry found the Administrative Appeals Tribunal and the specialist migration, refugee
and social security tribunals - established as quick and economical alternatives to courts -
now cost almost as much as the federal courts and their cases took almost as long to resolve.

"Legal fees paid by applicants in tribunal matters appear to be little different from the
costs of litigating in the Family Court," Dr Cronin said.

The four-year ALRC inquiry involved analysis of 4,000 case files and consultation with
hundreds of lawyers, judges, tribunal members and people using the system.

The ALRC is seeking public comment before making final recommendations to federal
Attorney-General Daryl Williams at the end of the year.

AAP fh/sc/wjf

KEYWORD: FAMILY

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