27.02.2015 Views

Open PDF - Family Court Bulletin - December 2009 - Size 482 KB

Open PDF - Family Court Bulletin - December 2009 - Size 482 KB

Open PDF - Family Court Bulletin - December 2009 - Size 482 KB

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong><br />

Issue 5 <strong>December</strong> <strong>2009</strong><br />

From the Chief Justice<br />

It has been two years since the introduction<br />

of the <strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> and I sincerely<br />

hope that as a reader, you have found it to be<br />

informative and that the publication has kept<br />

you abreast of the <strong>Court</strong>’s initiatives, projects<br />

and the challenges it faces.<br />

One such challenge has been the Government’s<br />

plan to merge the <strong>Family</strong> <strong>Court</strong> and the Federal<br />

Magistrates <strong>Court</strong>. Despite the lack of clarity<br />

Chief Justice about when we can expect resolution on this<br />

The Honourable Diana Bryant matter, the <strong>Court</strong>s have over the past twelve<br />

months, moved ahead by creating a single<br />

administration to service both <strong>Court</strong>s. Although<br />

legislative changes required to merge the <strong>Court</strong>s is a<br />

matter for Government, we are in a very good position<br />

to manage any outcome that eventuates.<br />

As I reported in the past edition of the <strong>Family</strong> <strong>Court</strong><br />

<strong>Bulletin</strong>, Professor Richard Chisholm has been<br />

commissioned by the Government to undertake a<br />

review of legislation, and practice and procedures<br />

relating to family violence in the family law courts.<br />

The <strong>Court</strong> has worked cooperatively with Professor<br />

Chisholm during his research period and now the<br />

report, along with a study by the Australian Institute<br />

of <strong>Family</strong> Studies on the effect of the 2006 shared<br />

parenting reforms, is expected to be provided to the<br />

Attorney-General by the end of the year.<br />

The annual Judges’ Conference was held in November<br />

which involved very interesting speakers discussing a<br />

range of topics relevant to the <strong>Court</strong>’s work, including;<br />

family violence; managing the needs of Indigenous<br />

clients; Islam in Indonesia; human rights; and the<br />

Hon. Murray Gleeson presented a paper on statutory<br />

interpretation.<br />

As you will see on page 9, the <strong>Court</strong> recently held a<br />

very special event which commemorated 25 years<br />

since the series of bombing attacks on the <strong>Family</strong><br />

<strong>Court</strong> at Parramatta and the homes of <strong>Family</strong> <strong>Court</strong><br />

judges. To give recognition to those who were<br />

impacted by these attacks, and to pay tribute to<br />

the commitment of the judges, staff and the legal<br />

profession at the time, the <strong>Court</strong> has erected a plaque<br />

at the Parramatta registry.<br />

In October I travelled with the <strong>Court</strong>’s Chief Executive<br />

Officer, Richard Foster, to attend a meeting of the<br />

International Association of <strong>Court</strong> Administrators<br />

(IACA). I am pleased to advise that at the meeting,<br />

Richard was elected as the Executive Vice President<br />

of the Association—a tremendous achievement<br />

indeed. The IACA was created in 2004 to promote<br />

excellence in the administration and management of<br />

justice-related organisations throughout the world,<br />

and it has been a very rewarding experience for this<br />

<strong>Court</strong> to be involved with this association.<br />

In the latter half of this year I have presented<br />

a number of papers at various national and<br />

international conferences. Recently I attended the<br />

<strong>Family</strong> Relationships Services Australia Second<br />

National Conference in Sydney where I presented<br />

a keynote address and participated in a workshop<br />

on perspectives on risk assessment and safety with<br />

families affected by violence. In late November I<br />

presented a paper on the changing nature of expert<br />

evidence in <strong>Family</strong> <strong>Court</strong> proceedings and in addition,<br />

I participated in a workshop at the Australia and New<br />

Zealand Association of Psychologists, Psychiatrists<br />

and the Law conference in Perth.<br />

The <strong>Court</strong> farewells Justices Jordan (Brisbane)<br />

and Waddy (Parramatta) who are both retiring in<br />

<strong>December</strong>. I thank them both for their service to the<br />

<strong>Court</strong> and wish them a healthy and happy retirement.<br />

More details will be included in the next issue of<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong>.<br />

May you all enjoy a safe and happy Christmas and<br />

New Year.<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong>


Judgments of interest<br />

Marsden & Winch<br />

[<strong>2009</strong>] FamCAFC 152 (Bryant CJ, Finn and Cronin JJ), 26 August <strong>2009</strong><br />

This was an appeal by the father against the orders<br />

of the trial judge dismissing his application to obtain<br />

orders for face-to-face time with his ten year old<br />

daughter. Orders had been made in August 2006 that<br />

the father spend no time with the child and that the<br />

father’s contact be limited to written communication<br />

with the mother, who could then decide whether or<br />

not to pass letters on to the child.<br />

The father’s subsequent application for face-to-face<br />

time with the child was dismissed by the trial judge at<br />

a preliminary stage on the basis that the father had not<br />

established a sufficient change in circumstances as to<br />

warrant a re-hearing. On appeal, the father asserted that<br />

the trial judge had misapplied the ‘threshold test’ arising<br />

from Rice & Asplund, and in doing so denied the father<br />

procedural fairness. The father also asserted that the<br />

decision was contrary to the best interests of the child.<br />

The Full <strong>Court</strong> upheld the substantive grounds of appeal.<br />

The Full <strong>Court</strong> reaffirmed the observations of Warnick J in<br />

SPS & PLS (2008) FLC 93-363 that the rule in Rice & Asplund<br />

is an essential rule and that for a rehearing of a parenting<br />

issue the applicant must establish a significant change<br />

in circumstances. The Full <strong>Court</strong> said that whether the<br />

court should embark upon another hearing of parenting<br />

issues is a decision to be made in each particular case,<br />

having regard to:<br />

zx The past circumstances, including the reason for the<br />

decision and the evidence upon which it was based.<br />

zx Whether there is a likelihood of orders being varied<br />

in a significant way, as a result of a new hearing.<br />

zx If there is such a likelihood, the nature of the likely<br />

changes must be weighed against the potential<br />

detriment to the child or children caused by the<br />

litigation itself. Thus, for example, small changes may<br />

not have sufficient benefit to compensate for the<br />

disruption caused by significant re-litigation.<br />

The Full <strong>Court</strong> held that the application of the rule in Rice<br />

& Asplund should not be restricted to only two choices<br />

(either application of the rule by taking the applicant’s<br />

case at its highest, or a full hearing) and that a ‘range of<br />

processes’ should be considered.<br />

Oakley & Cooper<br />

[<strong>2009</strong>] FamCAFC 133 (Warnick, Boland and Murphy JJ), 30 July <strong>2009</strong><br />

This was an appeal by the father against parenting<br />

orders made by a federal magistrate where the parties’<br />

two children were ordered to live with the mother<br />

nine days a fortnight and spend time with the father<br />

five days a fortnight. The federal magistrate found<br />

that the children, aged 9 and 7 years at the date of<br />

hearing, had witnessed and endured chronic conflict<br />

between their parents for the whole of their lives.<br />

The relationship between the parties was described<br />

as ‘extremely volatile’ and separation occurred in the<br />

context of a domestic violence event which saw the<br />

father removed from the home.<br />

On appeal, the father asserted that the federal<br />

magistrate had erred in not giving sufficient weight to<br />

family violence allegedly committed by the mother,<br />

including physical chastisement of the children. No<br />

Notice of Child Abuse or <strong>Family</strong> Violence had been filed in<br />

the proceedings. At trial, the federal magistrate accepted<br />

that both parties had used violence against each other,<br />

in the presence of the children, and that both parties had<br />

also hit the children.<br />

In considering this ground of appeal, the Full <strong>Court</strong><br />

considered the relevant sections of the <strong>Family</strong> Law Act<br />

concerning the protection of children. The Full <strong>Court</strong> also<br />

2<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong>


Oakley & Cooper continued…<br />

had regard to the <strong>Family</strong> <strong>Court</strong>’s <strong>Family</strong> Violence Best<br />

Practice Principles, which were launched by the Attorney-<br />

General in March <strong>2009</strong>. The Full <strong>Court</strong> stated that family<br />

violence is an extremely important consideration and<br />

highlighting some of the recommended considerations<br />

in the <strong>Family</strong> Violence Best Practice Principles serves to<br />

illustrate how they might be of assistance to courts in<br />

framing orders which could assist the future wellbeing<br />

of children in cases where family violence is in issue.<br />

The Full <strong>Court</strong> found that the federal magistrate gave<br />

appropriate weight to each party’s inappropriate<br />

conduct and that at times the mother’s behaviour was<br />

worse than that of the father. The Full <strong>Court</strong> described<br />

family violence as an important issue in the case<br />

and found that the federal magistrate, in his ‘clipped’<br />

reasons, gave appropriate weight to violence when<br />

weighing all the relevant factors to determine the<br />

children’s best interests.<br />

Strahan & Strahan<br />

[<strong>2009</strong>] FamCAFC 166 (Boland, Thackray and O’Ryan JJ), 14 September <strong>2009</strong><br />

This was an appeal by the wife against interim<br />

property orders whereby the husband was ordered<br />

to pay the wife $1 million by way of interim property<br />

settlement to fund her litigation expenses. The wife<br />

contended that the trial judge erred in applying<br />

a requirement of ‘compelling circumstances’<br />

and, having misused the concept of compelling<br />

circumstances the trial judge then wrongly allowed<br />

it to influence how much to award the wife.<br />

The Full <strong>Court</strong> reaffirmed that an order for litigation<br />

costs can be made as a property settlement order,<br />

a maintenance order or a costs order. The Full <strong>Court</strong><br />

emphasised the importance of identifying the relevant<br />

source of power when contemplating an order for<br />

interim provision for litigation expenses since it is<br />

the source of power that determines the necessary<br />

preconditions, relevant considerations, factors or<br />

matters for making the order.<br />

The Full <strong>Court</strong> found that the trial judge had erred in<br />

principle in the procedural step by applying a test of<br />

‘compelling circumstances’ in deciding whether or not<br />

to make an interim order for the provision of litigation<br />

funds, and by then undertaking a detailed analysis of<br />

the further legal work to be undertaken on behalf of the<br />

wife. All that was required, in the Full <strong>Court</strong>’s view, was to<br />

decide whether it was an appropriate case in which to<br />

make an interim order for property settlement because<br />

the wife required funds to defray legal costs and expenses<br />

of the pending proceedings. The Full <strong>Court</strong> found that it<br />

would be necessary to undertake an assessment of the<br />

amount required if an order was being sought pursuant<br />

to section 117 of the <strong>Family</strong> Law Act. However, as the<br />

wife’s application was for an interim property settlement<br />

pursuant to section 79 of the Act, such an analysis was not<br />

required. The Full <strong>Court</strong> held that the trial judge should<br />

have made the orders sought by the wife i.e. for an interim<br />

property settlement of $5 million.<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong> 3


Initiatives and Programs<br />

<strong>Family</strong> <strong>Court</strong> of Australia Annual Report 2008–<strong>2009</strong><br />

The <strong>Family</strong> <strong>Court</strong>’s 2008–09 annual report was tabled<br />

out of session in the Senate on 30 October <strong>2009</strong>.<br />

The summary below highlights some key outcomes in<br />

the report.<br />

Judicial services<br />

At the end of June <strong>2009</strong> there were 35 judges of the<br />

<strong>Court</strong> including the Chief Justice and the Deputy Chief<br />

Justice.<br />

In 2008–09 the <strong>Court</strong> achieved a clearance rate over<br />

100 per cent for each of its major applications, with a<br />

total clearance rate of 106 per cent. This has effectively<br />

reduced the number of pending applications by almost<br />

13 per cent (or approximately 800 cases) since 2007–08.<br />

This indicates that the <strong>Court</strong> maintained a relatively<br />

stable output and workload commensurate with its<br />

resources and the demand on its services.<br />

In the three other 2008–09 metrics where the <strong>Court</strong><br />

did not achieve its targets (two backlog indicators and<br />

percentage of cases finalised), it needs to make only<br />

Issues sought on Final Orders cases<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

small improvements to reach the targets in <strong>2009</strong>–10. In<br />

particular, the <strong>Court</strong> is striving, where it is able to and<br />

as appropriate, to reduce the number of pending ‘older’<br />

cases by actively managing those cases to disposal. If the<br />

<strong>Court</strong> is able to achieve this, it should lead to improved<br />

timeliness for future case disposal.<br />

Work of the <strong>Court</strong><br />

The <strong>Court</strong> continues to deal with the most complex<br />

and difficult family law cases. While child-related<br />

and parenting cases are very difficult, the <strong>Court</strong> also<br />

deals with very complex cases involving financial and<br />

property issues. Such cases often deal with the splitting<br />

of superannuation, corporate businesses and expensive<br />

and complex finance and property portfolios. There has<br />

been a significant shift in the past few years, and the<br />

<strong>Court</strong> now deals with a greater proportion of its cases<br />

involving complex financial issues (see Figure at left).<br />

The full report and a summary of the report<br />

can be accessed from the <strong>Court</strong>’s website at<br />

www.familycourt.gov.au or for a hard copy<br />

email communications.office@familycourt.gov.au<br />

4<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong>


Publication update<br />

New booklets<br />

Two new kid’s booklets are now available to order<br />

or download from the <strong>Family</strong> Law <strong>Court</strong>s website:<br />

www.familylawcourts.gov.au<br />

The booklets are titled:<br />

zx Why am I going to see a family consultant?<br />

Information for kids aged 5–8.<br />

zx Why am I going to see a family consultant?<br />

Information for kids aged 9–12.<br />

The booklets aim to assist children involved in a family<br />

law case by giving them an understanding of what is<br />

happening, why they are talking to a family consultant<br />

and what else may happen. They aim to relate to children<br />

in these two age groups to reassure them and make the<br />

process less stressful.<br />

CEO’s Report<br />

The CEO’s Report for the 2008–09 financial year<br />

was presented in November at the annual Judges’<br />

Conference in Melbourne.<br />

The report outlines achievements and projects in the<br />

<strong>Court</strong>’s administration during 2008–09. In addition to<br />

those outlined in the Annual Report, the CEO’s Report<br />

details other achievements complementary to the<br />

provision of access to justice such as:<br />

zx the strengthening of relationships with international<br />

colleagues<br />

zx the Integrated Client Service Delivery Program final<br />

report<br />

zx the commencement of the development of a new<br />

information architecture for the <strong>Court</strong>’s website, and<br />

zx assistance for the victims of the Victorian bushfires.<br />

For more information, or to get a copy of the report<br />

go to www.familycourt.gov.au or email<br />

communications.office@familycourt.gov.au.<br />

Revised brochures<br />

The <strong>Family</strong> <strong>Court</strong> brochures Case Assessment Conference<br />

and Conciliation Conference underwent significant<br />

revision following the Rule change that commenced<br />

earlier this year. The new versions of these two brochures<br />

are now available to download from the <strong>Family</strong> Law<br />

<strong>Court</strong>s website: www.familylawcourts.gov.au<br />

Divorce Forms<br />

The Application for Divorce form and kit and the Divorce<br />

Service Kit have been revised to include the option of<br />

electronic filing through the Commonwealth <strong>Court</strong>s<br />

Portal (see article on eFiling on page 10 for more<br />

information).<br />

In addition to these changes, the divorce publications will<br />

undergo further revision in February 2010 to incorporate<br />

a terminology change from ‘Divorce Certificate’ to<br />

‘Divorce Order’ (see page 6 for more information).<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong> 5


Chief Justice Bryant speaks at the<br />

<strong>2009</strong> Judges’ Conference in Melbourne<br />

<strong>2009</strong> National Judges’ Conference<br />

The <strong>2009</strong> National Judges’ Conference was held on 9–10 November in Melbourne. Various speakers presented on the<br />

first day of the professional program on a range of topics including:<br />

<strong>Family</strong> Violence—latest research on risk factors<br />

Report on conclusions of <strong>Family</strong> Violence Review<br />

Statutory Interpretation<br />

National Human Rights Consultation Report<br />

<strong>Family</strong> Law <strong>Court</strong>s—Managing the Needs of Indigenous Clients in <strong>2009</strong> and Beyond<br />

Indonesia—Past, Present and Future<br />

Dr Carolyn Johnson<br />

Professor Patrick Parkinson<br />

Dr Thea Brown<br />

Professor Richard Chisholm<br />

The Hon Murray Gleeson<br />

Professor George Williams<br />

Stephen Ralph<br />

Professor Tim Lindsey<br />

The second day of the program consisted of judges’ only meetings.<br />

Divorce order<br />

The Federal Magistrates <strong>Court</strong>, the <strong>Family</strong> <strong>Court</strong> and<br />

the <strong>Family</strong> <strong>Court</strong> of Western Australia are proposing<br />

to implement changes to the making and issuing of<br />

documentation relating to divorce.<br />

The current form of Certificate of Divorce replaced the<br />

form of decree nisi of dissolution of marriage that had<br />

previously been issued, which was in two parts. The first<br />

part recited the order nisi for divorce, the second was<br />

the operative part of the form which was the certificate<br />

that the decree nisi had become absolute. The certificate<br />

of divorce that is now issued is not a prescribed form. It is<br />

a document issued pursuant to section 56(3) evidencing<br />

that the divorce order has taken effect.<br />

The current certificate of divorce is not being recognised<br />

in several international jurisdictions and is causing<br />

difficulty to Australians wishing to remarry overseas.<br />

This is because some overseas jurisdictions require a<br />

certificate to contain all the requirements considered in<br />

granting the divorce order.<br />

In particular, difficulties have been encountered in<br />

relation to the recognition of Australian divorces in some<br />

foreign countries as the current Divorce Certificate does<br />

not explicitly stipulate that the criteria for divorce have<br />

been satisfied. The current certificate only specifies the<br />

names of the parties to the marriage.<br />

To address this, it is proposed that the current<br />

Certificate of Divorce will be replaced by a divorce<br />

order which stipulate that the criteria for divorce have<br />

been satisfied. When the divorce order takes effect, the<br />

<strong>Court</strong>s are proposing to distribute the divorce order<br />

which will include a certification of the divorce having<br />

taken effect without the need for a separate divorce<br />

certificate to be issued.<br />

Implementation is expected early in 2010. Forms,<br />

publications and websites will be updated to reflect<br />

the change.<br />

6<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong>


International Framework<br />

for <strong>Court</strong> Excellence<br />

An International Framework for <strong>Court</strong> Excellence<br />

was launched at the Australasian Institute of Judicial<br />

Administration’s <strong>Court</strong> Quality Forum in September<br />

2008. The framework will enable the <strong>Family</strong> <strong>Court</strong> to<br />

review its existing strategic plan for delivering family law<br />

services to the community.<br />

Interesting web facts<br />

www.familylawcourts.gov.au<br />

In 2008–09 the <strong>Family</strong> Law <strong>Court</strong>s website was<br />

visited 588 660 times. Of these, 398 084 were<br />

visiting the website for the first time.<br />

The framework provides guidance for courts to improve<br />

performance in seven key areas:<br />

1. <strong>Court</strong> management and leadership<br />

2. <strong>Court</strong> policies<br />

3. Human, material and financial resources<br />

4. <strong>Court</strong> proceedings<br />

5. Client needs and satisfaction<br />

6. Affordable and accessible court services<br />

7. Public trust and confidence<br />

The <strong>Family</strong> <strong>Court</strong> is currently well positioned to adapt its<br />

practices to the international framework. In determining<br />

how it would like to be recognised within the legal<br />

environment, the <strong>Court</strong> is reviewing:<br />

zx any measures in place to allow it to achieve its goals<br />

zx any opportunities which exist to become a best<br />

practice organisation<br />

zx any gaps in the current framework, and<br />

zx the best way to engage stakeholders.<br />

The seven key areas will be a starting point for the<br />

review. As part of this review, the <strong>Court</strong> will also consider<br />

implementing a pilot of the framework in one of the<br />

registries.<br />

www.familycourt.gov.au<br />

In 2008–09 the <strong>Family</strong> <strong>Court</strong> of Australia website<br />

was visited 738 686 times. Of these, 378 165 were<br />

visiting the website for the first time.<br />

Top three most frequently viewed <strong>Family</strong> <strong>Court</strong><br />

web pages in October <strong>2009</strong>:<br />

zx Forms and Fees<br />

zx <strong>Court</strong> lists<br />

zx Judgments and legislation<br />

Three common search keywords on the <strong>Family</strong><br />

<strong>Court</strong> website:<br />

zx divorce<br />

zx forms<br />

zx courts<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong> 7


<strong>2009</strong>–10 YEAG (L-R): Rory Barclay, Rachel Payne, Chris Vogelsinger,<br />

April Grenquist, James Gasteen, Kristy Freeme, Robyn Birch,<br />

Tijana Petkovic, Amanda Morris<br />

Young employees continue to have their say<br />

Membership of the <strong>2009</strong>–10 Young Employees’ Advisory<br />

Group (YEAG) was announced by CEO Richard Foster in<br />

June this year.<br />

The group, which consists of nine staff from the <strong>Family</strong><br />

<strong>Court</strong> and Federal Magistrates <strong>Court</strong>, have started work<br />

on three new projects, including:<br />

zx the use of SMS notifications<br />

zx promoting and improving existing staff development<br />

and induction programs, and<br />

zx developing an environmental policy for the <strong>Court</strong>.<br />

These projects have been endorsed by management<br />

and each project is supported by a senior management<br />

representative who acts as a sponsor and works closely<br />

with the YEAG members.<br />

YEAG mentor and Vic/Tas Regional Registry Manager, Jane<br />

Reynolds, said ‘the 2010 Group brings wonderful insight<br />

and advice on our operations and how we can work<br />

differently. They have identified relevant projects which<br />

will add real value. I particularly appreciate their energy<br />

and recommendations for change.’<br />

‘I’m looking forward to using the experience and<br />

knowledge I have gained from working in different areas<br />

of the <strong>Court</strong> and working with other young employees<br />

and management on projects in the <strong>Court</strong>. I think it will be<br />

a great opportunity to network and encourage new ideas<br />

and practices.’ Rachel, <strong>2009</strong>–10 YEAG<br />

‘I’m looking forward to meeting other young employees<br />

from across Australia and working together to facilitate<br />

positive changes within the <strong>Court</strong>.’ April, <strong>2009</strong>–10 YEAG<br />

The YEAG initiative first commenced in 2008. Its purpose was to encourage young staff of the <strong>Court</strong> to step-up and share<br />

their unique thinking and ideas. In <strong>2009</strong>, the membership was opened up to staff from the Federal Magistrates <strong>Court</strong>.<br />

The inaugural 2008 YEAG thoroughly enjoyed the experience, especially learning about business management practices<br />

and learning from and interacting with senior management.<br />

‘Meeting other staff members and travelling to different registries has been a great eye opener. It’s also been great to<br />

do things I wouldn’t normally be able to do in my normal role, such as meeting with the Chief Justice and presenting at<br />

executive management meetings.’<br />

Ebony, 2008 YEAG<br />

Indigenous Working Group<br />

In May <strong>2009</strong>, the <strong>Family</strong> <strong>Court</strong> and Federal Magistrates<br />

<strong>Court</strong> established an Indigenous Working Group. The<br />

group collect research data and information to help<br />

identify how the <strong>Court</strong>s can enhance relationships and<br />

respect for Indigenous Australians.<br />

The Indigenous Working Group will consider issues such as:<br />

zx the impact of the shift of the provision of Indigenous<br />

services to <strong>Family</strong> Relationship Centres (previously<br />

provided by the Indigenous <strong>Family</strong> Liaison Officers)<br />

zx how to manage applications for parenting orders<br />

relating to traditional adoption practices by Torres<br />

Strait Islanders (Kupai Omasker)<br />

zx how to better meet the needs of Indigenous<br />

clients by ensuring information is provided to all<br />

staff and Indigenous clients, and<br />

zx the development of a Reconciliation Action Plan.<br />

The Reconciliation Action Plan will identify how the<br />

<strong>Court</strong>s will enhance relationships with Indigenous<br />

Australians. It will include areas such as building<br />

relationships with the Indigenous community, staff<br />

education, attracting and retaining Indigenous staff<br />

and ensuring that judges and family consultants<br />

have access to appropriate expertise to deal with<br />

Indigenous families.<br />

8<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong>


(L-R) The Hon Josephine Maxwell, the Hon Eric Baker, the Hon Margaret Renaud,<br />

the Hon Richard Gee, the Hon Elizabeth Evatt AC (former Chief Judge), and the<br />

Hon John Purdy, who were all <strong>Family</strong> <strong>Court</strong> judges in Parramatta in 1984.<br />

Chief Justice Bryant unveils the memorial plaque<br />

Recognising courage amongst adversity<br />

On 20 November <strong>2009</strong>, the Chief Justice of the <strong>Family</strong><br />

<strong>Court</strong>, the Honourable Diana Bryant, unveiled a memorial<br />

plaque to commemorate 25 years since the series of<br />

bombing attacks on the <strong>Family</strong> <strong>Court</strong> at Parramatta and<br />

the homes of some of the judges of the registry, and to<br />

honour those affected by them.<br />

Over 40 delegates including current and former judges<br />

and federal magistrates, family members of some of<br />

the victims, staff and members of the legal profession,<br />

attended the unveiling and lunch.<br />

The 1980s was a tumultuous decade for the <strong>Family</strong> <strong>Court</strong>.<br />

Judges, their families and staff were targeted in a series<br />

of separate attacks which effectively changed the lives of<br />

all those involved.<br />

zx On 23 June 1980 Justice David Opas was shot dead<br />

at his home in Woollahra.<br />

zx On 6 March 1984 the home of Justice Richard Gee<br />

was bombed. Justice Gee was injured in the attack.<br />

zx On 15 April 1984 a bomb exploded on the premises<br />

of the Parramatta <strong>Family</strong> <strong>Court</strong>.<br />

zx On 4 July 1984 Mrs Pearl Watson, wife of Justice<br />

Raymond Watson, was killed by bomb explosion at<br />

their home. Justice Watson was injured in the attack.<br />

The plaque also acknowledges the courage and<br />

dedication of the judges and staff of the <strong>Family</strong> <strong>Court</strong>,<br />

and the legal profession particularly at Parramatta,<br />

who continued to serve the people of Australia,<br />

notwithstanding the real risk to their safety and that of<br />

their families.<br />

In Memory<br />

On 23 June 1980 Justice David Opas was shot dead at his home in Woollahra<br />

On 6 March 1984 the home of Justice Richard Gee was bombed. Justice Gee was injured in the attack<br />

On 15 April 1984 a bomb exploded on the premises of the Parramatta <strong>Family</strong> <strong>Court</strong><br />

On 4 July 1984 Mrs Pearl Watson, wife of Justice Raymond Watson, was killed by a bomb explosion at their home<br />

The three judges referred to above were judges of the <strong>Family</strong> <strong>Court</strong> of Australia<br />

and these acts were directed at them in consequence of their office<br />

This plaque is to commemorate the 25 th Anniversary of these events and to honour those who were affected by them<br />

It is also to acknowledge the courage and dedication of the judges and staff of the <strong>Family</strong> <strong>Court</strong>, and the legal profession<br />

particularly at Parramatta, who continued to serve the people of Australia<br />

1984<br />

Chief Judge Elizabeth Evatt<br />

FAMILY COURT JUDGES—PARRAMATTA<br />

Justice Eric Baker—Justice Richard Gee—Justice John Gibson—Justice Josephine Maxwell—<br />

Justice John Purdy—Justice Margaret Renaud—Justice Raymond Watson<br />

Unveiled by the Honourable Diana Bryant, Chief Justice of the <strong>Family</strong> <strong>Court</strong> of Australia<br />

20 November <strong>2009</strong><br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong> 9


Commonwealth <strong>Court</strong>s<br />

Portal<br />

eFiling divorce applications now possible<br />

Registered litigants and representatives from legal firms<br />

who wish to file an Application for Divorce in the Federal<br />

Magistrates <strong>Court</strong> can now do so electronically via the<br />

Commonwealth <strong>Court</strong>s Portal.<br />

The Commonwealth <strong>Court</strong>s Portal (www.comcourts.gov.au)<br />

is an initiative of the <strong>Family</strong> <strong>Court</strong> of Australia, Federal <strong>Court</strong><br />

of Australia and Federal Magistrates <strong>Court</strong> of Australia. The<br />

Portal enables clients and legal practitioners of these <strong>Court</strong>s<br />

to lodge certain applications and documents and to access<br />

information about cases that are before the courts.<br />

The process<br />

Register for the Portal at www.comcourts.gov.au<br />

Users will be prompted to enter their relevant details and<br />

upload a scanned copy of their marriage certificate or other<br />

documents (as required).<br />

They will then be prompted for payment or, if seeking<br />

an exemption from paying the fee, prompted to upload<br />

supporting evidence.<br />

A list of hearing dates will appear which users can select<br />

from.<br />

At this stage, litigants are not able to file electronically<br />

if they wish to have their Application for Divorce heard at<br />

a circuit location. For information on circuits see<br />

www.fmc.gov.au/html/circuits.html. Litigants wishing to<br />

have their divorce heard at one of these locations must file<br />

their application either in person or by post.<br />

Once the application is complete, a sealed copy of the<br />

application form will be available from the Portal. The<br />

application form will include the file number and hearing<br />

date.<br />

Unlike an Application for Divorce filed by post or at a<br />

registry, the eFiled divorce application will not be required<br />

to be sworn, but must be accompanied by the Affidavit for<br />

eFiling Application (Divorce), sworn by the applicant(s). This<br />

document will be automatically generated by the Portal as<br />

part of the printed application.<br />

Prior to service of the divorce application, the Affidavit for<br />

eFiling Application (Divorce) MUST be sworn or affirmed<br />

before a lawyer, Justice of the Peace or other authorised<br />

person and then uploaded as a scanned image to the<br />

Portal. Once uploaded, a copy of this affidavit with a<br />

sealed ‘confirmation notice’ will be available from the<br />

Portal to download and print.<br />

The Application for Divorce, Affidavit for eFiling<br />

Application (Divorce), sealed confirmation notice, along<br />

with the prescribed brochure called Marriage, Families<br />

and Separation, will then need to be served upon the<br />

respondent in accordance with the Federal Magistrates<br />

<strong>Court</strong> Rules (see the Divorce Service Kit).<br />

What documents can be eFiled via the<br />

Commonwealth <strong>Court</strong>s Portal?<br />

The Application for Divorce and certain supplementary<br />

documents can be eFiled via the portal.<br />

Documents that can be eFiled in divorce proceedings<br />

include:<br />

zx Affidavit for eFiling Application (Divorce)<br />

zx Affidavit of Service by Post (Divorce)<br />

zx Affidavit of Service by Hand (Divorce)<br />

zx Affidavit Proving Signature (Divorce)<br />

zx Acknowledgment of Service (Divorce)<br />

zx Affidavit Translation of Marriage Certificate<br />

zx Exemption Form<br />

zx Marriage Certificate<br />

zx Marriage Under Two Years Certificate<br />

zx Citizenship Certificate<br />

zx Affidavit<br />

Documents that cannot be eFiled in divorce proceedings<br />

include:<br />

zx Application for Waiver of <strong>Court</strong> Fees on the basis of<br />

financial hardship<br />

zx Response to Divorce<br />

zx Notice of Discontinuance*<br />

* If you wish to discontinue an application for divorce that has been filed,<br />

you need to file a Notice of Discontinuance form, and this can only be done<br />

either in person at a family law courts registry or by post.<br />

10<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong>


What you need before you commence to<br />

eFile an Application for Divorce?<br />

Read a copy of the Divorce Kit and the Divorce Service Kit<br />

which are available at www.familylawcourts.gov.au ><br />

Forms > Divorce forms and kits<br />

You will also need:<br />

zx Access to the Internet and an email address<br />

zx Access to a printer and scanner<br />

zx A scanned copy of the marriage certificate which is<br />

saved to your hard drive or memory stick and can<br />

be accessed to upload onto the Portal<br />

zx If the marriage certificate is not in English, you will<br />

need to provide a scanned copy of a translated<br />

version, together with an affidavit from the<br />

translator<br />

zx Proof of Australian citizenship if required<br />

zx Further Affidavits if required<br />

zx A valid credit card (Visa OR MasterCard can only be<br />

accepted)<br />

zx If seeking exemption from paying the fee, you<br />

need to download an Exemption form/s (see<br />

www.fmc.gov.au/html/fees_family.html),<br />

complete and scan the form(s) and attach evidence<br />

supporting your request for an exemption. If you<br />

are filing a joint.<br />

Help and more information<br />

zx Call the <strong>Family</strong> Law <strong>Court</strong>s National Enquiry Centre<br />

on 1300 352 000.<br />

zx Read the User Guide to eFiling Divorce Applications in<br />

<strong>Family</strong> Law available at www.familylawcourts.gov.au<br />

> What’s New > eFiling of divorce applications<br />

As at 11 November <strong>2009</strong>, 378 applications<br />

for divorce had been eFiled through the<br />

Commonwealth <strong>Court</strong>s Portal. Of the first 100<br />

efiled divorce applications, only three were<br />

from practitioners.<br />

CEO’s Management<br />

Advisory Group<br />

(L-R) Steve Agnew, Stephen Andrew, Leisha Lister, Jane Reynolds,<br />

Grahame Harriott, Denise Healy, Richard Foster, Jamie Crew<br />

The CEO’s Management Advisory Group (CMAG) was<br />

established in April <strong>2009</strong> following the decision by the<br />

then <strong>Family</strong> Law <strong>Court</strong>s Board to further integrate the<br />

administrations of the <strong>Family</strong> <strong>Court</strong> and the Federal<br />

Magistrates <strong>Court</strong>.<br />

A primary objective of the group is to undertake<br />

research into and provide advice to the CEO regarding<br />

key areas of court work that will be most impacted by<br />

the integration.<br />

Members of the CEO’s Management Advisory<br />

Group include:<br />

zx Steve Agnew, Acting Deputy CEO (FMC)<br />

zx Stephen Andrew, Executive Director IT & Acting<br />

Executive Director Client Services (FCoA)<br />

zx Jamie Crew, Regional Manager NSW/ACT (FMC)<br />

zx Grahame Harriott, Chief Finance Officer<br />

(FCoA/FMC)<br />

zx Denise Healy, Communication Manager (FMC)<br />

zx Jane Reynolds, Regional Manager Vic/Tas/SA<br />

(FCoA)<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong> 11


<strong>Court</strong> services over Christmas-New Year<br />

The <strong>Family</strong> Law <strong>Court</strong>s rural and regional registries<br />

of Albury, Alice Springs, Cairns, Dubbo, Launceston,<br />

Lismore, Rockhampton, Wollongong and the National<br />

Support Office will be closed from Friday 25 <strong>December</strong><br />

<strong>2009</strong> and will re-open on Monday 4 January 2010.<br />

Phone calls to these registries during this time will be<br />

re-directed to the National Enquiry Centre.<br />

The larger metropolitan registries and the National<br />

Enquiry Centre will maintain limited services<br />

throughout the holiday period with the exception of<br />

the following public holidays when they will close:<br />

zx Friday 25 <strong>December</strong> <strong>2009</strong><br />

zx Monday 28 <strong>December</strong> <strong>2009</strong><br />

zx Tuesday 29 <strong>December</strong> <strong>2009</strong><br />

zx Friday 1 January 2010<br />

The <strong>Court</strong> provides an after<br />

hours service for emergency<br />

calls on the National Enquiry Centre<br />

phone number: 1300 352 000. The service<br />

is limited to the family law jurisdiction where there<br />

is risk of a child being removed from Australia before<br />

the next working day or where a lawyer contacts the<br />

service and there is risk of removal of dissipation of<br />

assets before the next working day. This service will<br />

operate over the <strong>Court</strong>’s Christmas closedown period.<br />

NATIONAL ENQUIRY CENTRE<br />

Phone: 1300 352 000<br />

TTY Phone: 1300 720 980<br />

Fax: 02 8892 8585<br />

Email: enquiries@familylawcourts.gov.au<br />

Vale<br />

His Honour John Marshall<br />

His Honour John Marshall, one of the <strong>Family</strong> <strong>Court</strong>’s first four judges to be appointed on 5 January 1976, died<br />

recently at the age of 88 years. He was largely responsible for the establishment of the Adelaide <strong>Family</strong> <strong>Court</strong><br />

and became a Senior Judge in 1973.<br />

During his time at the Adelaide registry he closely studied the working of the <strong>Family</strong> <strong>Court</strong>s and Juvenile <strong>Court</strong>s<br />

in the United Kingdom, the United States and Canada.<br />

During World War II, His Honour served for five years as a pilot (Flight Lieutenant) with the RAAF. Following this<br />

he was educated at Rostrevor College, Adelaide and the University of Adelaide and graduated with a Bachelor<br />

of Laws.<br />

He was admitted to practice in 1950 and served as a solicitor in the South Australian Crown Law Department as<br />

Assistant Parliamentary Counsel and as a Stipendiary Magistrate. In 1971, he was appointed as a Judge of the<br />

Local and District Criminal <strong>Court</strong>s of South Australia.<br />

His Honour John Marshall retired from the <strong>Family</strong> <strong>Court</strong> in 1982 but his influence is still apparent. The <strong>Court</strong><br />

sends its condolences to his family and friends.<br />

Further Information<br />

For more information about this publication—including ordering additional copies or to make changes to your<br />

mailing details (including removal from the mailing list)—contact the <strong>Family</strong> <strong>Court</strong> Communications Office.<br />

T (02) 6243 8690 F (02) 6243 8711<br />

E communications.office@familycourt.gov.au<br />

12<br />

<strong>Family</strong> <strong>Court</strong> <strong>Bulletin</strong> | Issue 5 <strong>December</strong> <strong>2009</strong>

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!