Family Law Courts single administration
The decision to transfer some of the corporate operating systems of the Federal Magistrate Court to the Family Court was made as a result of concerns, raised in a letter to the Attorney-General’s Department dated 15 August 2008 by the then CEO of the FMC, regarding the sustainability of the FMC’s human resources, payroll, property services and finance systems. The FMC corporate systems infrastructure, which was established in 2000 to support 16 federal magistrates with minimal support staff, was stretched to capacity, and there was a high level of risk in regard to those systems.
The department’s response stated that these concerns would be addressed if the two courts were to merge their administrative support and, with the agreement of both courts, this could occur quite separately from the government’s review of the Family Law Courts. Acting on this advice, in October 2008 the Family Law Courts Board (which then comprised the Chief Justice of the Family Court, the Chief Federal Magistrate and the CEOs of both courts) agreed
to combine the courts’ corporate services, which included functions such as human resources and payroll, property management and financial management. A single corporate services team, servicing both courts, was successfully implemented early this year.
A report addressing these concerns was prepared for the Family Law Court’s board by two senior staff from both courts, along with recommendations on the most efficient and effective approach to moving to a shared services model. The board received and considered the report and the following FMC corporate service functions was transferred to the Family Court:
- Property management—from 1 November 2008
- Contracts and procurement—from 1 December 2008
- Information management—from 1 December 2008
- Statistical services—from December 2008
- Financial management—from 1 January 2009
- Payroll management—from 22 January 2009
- Human resources—by the end of first quarter 2009
- Communication—January 2010
By 2010 the establishment of one administration for the courts was virtually complete and hereafter the court services will be provided by a joint administration.
The CEO of the Family Court, Mr Richard Foster PSM, was appointed Acting CEO of the Federal Magistrates Court on 26 November 2008.
Family Law Courts Advisory Group
The membership of the advisory group comprises the Chief Justice, the Chief Federal Magistrate, the CEO of each of the courts, a judge nominated by the Chief Justice, a federal magistrate nominated by the Chief Federal Magistrate and the Deputy Secretary of the Attorney-General’s Department.
Memorandum of Understanding
MOU for the Provision of Services between the Family Court of Australia and the Federal Magistrates Court
Restructure of the Federal Courts
On 5 May 2009 the Attorney-General announced that the Rudd Government will restructure the federal courts system by merging the Federal Magistrates Court into the Family Court and Federal Court, consolidating all family law matters under the Family Court and consolidating all general federal law matters under the Federal Court.
The Family Court will be the single court dealing with all family law matters. The restructured Family Court will have two tiers:
- Existing judges of the Family Court will operate in the first tier and undertake appeals and other complex work.
- Federal Magistrates will operate in the second tier and undertake the bulk of the family law work, including some work previously done by judges. Federal Magistrates integrated into the Family Court will be renamed ‘judges’.
Family law matters will generally be heard initially by a judge in the second tier of the Court, with complex matters being redirected to the first tier.
These changes will take time and clients of the Court are unlikely to experience any disruption or significant change
More information
Attorney-General’s media release and fact sheet Future Governance Options for Federal Family Law Courts in Australia (Attorney General's website).
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