Annual report [1997-98] - Family Court of Australia

The Family Court of Australia – annual report 1997 - 98
Functions and powers
The Family Court has jurisdiction over all matrimonial causes and associated responsibilities.
This includes:
■ proceedings for divorce (dissolution of marriage) nullity, maintenance, division and
settlement of property and injunctions
■ children’s matters such as residence, contact and specific issues and including the
powers referred by the State in relation to children born outside marriage
■ matters under the Child Support (Registration and Collection) Act 1988 and the Child
Support (Assessment) Act 1989
■ some State matters under cross-vesting and corporations legislation
■ some matters under the Bankruptcy Act, Trade Practices Act, Administrative
Decisions (Judicial Review) Act and the Income Tax Assessment Act which are
transferred from the Federal Court
■ appeals from decisions of its own judges and judges of the Family Court of Western
Australia and reviews of decisions of a judicial registrar or registrar
■ provision of a counselling service primarily to separated couples to help them to work
out the future arrangements for the children without the need to go to Court
■ the issuing of orders, warrants and writs as prescribed by the Family Law Act
■ enforcing its orders and some orders of other courts
■ punishing contempts of its powers and authority
■ exercising some functions under the Marriage Act 1961.
Objective
The Court’s objective is to serve its clients and the interests of the Australian community
by providing for the just, equitable and timely administration of justice in all matters within
its jurisdiction. Its primary emphasis is on achieving outcomes that are in the best interests
of the children and on helping people to come to their own agreements without a judicial
determination. The Court’s case management process emphasises conciliation through
primary dispute resolution services. The Court’s Simplified Procedures program, which
has been in place since January 1996, is also aimed at minimising the time, cost and stress
involved in family law disputes.
During the year under review the Court prepared a Service Charter after consulting widely
on its content. The Charter, which is scheduled for printing and distribution in the first quarter
of 1998-99, appears as Appendix 5 of this Report. It will be distributed through the
Court’s publications mailing list and will be available to the public in all registries and subregistries.
Staff members, who also participated in the consultation process, will each
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