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FAMILY COURT OF AUSTRALIA
58 Originally it was envisaged that there would be a meeting between the
Project Team and the Visionaries not necessarily, but not precluding, in the
nature of a "confrontation". The object of this meeting would be to enable
the Visionaries to explain and to amplify, and possibly, even to justify some
of the suggestions made. As Project Leader and upon reflection I do not
think that the expense of such a meeting can be justified to the Court. In
addition, because of the clarity with which the options emerged from the
weekend, it seems to me that the appropriate next step is the consideration
of the broad thrust and potential recommendations by the CJCC in a
preliminary way after an initial presentation from Ms Buring and myself.
The Project Team itself should then meet face to face for the purposes of
considering the matters raised by the Visionaries and should consider any
suggestions made on a preliminary basis by the CJCC. That meeting would
then give rise to recommendations to the CJCC which may either reinforce
the preliminary views of the CJCC or seek to change the views of the CJCC
about some matters. None of this process should in any way impede the
Project Team or the CJCC from proceeding to deal with a number of the
individual recommendations that emerged from the workshop. The earliest
opportunities should be taken for consultation both with the legal
professions, the Legal Aid Commissions, CLCs and the Court generally. This
last recommendation is made with some reluctance not because the need
for consultation is not acknowledged but because of the possibility of
confusion as to the Court’s position. Timing and control of the
consultations is obviously important and should only occur with the
concurrence and guidance of the Steering Committee on behalf of the
Court and the Project Team.
Afterword
59 Once again the Visionaries wish to thank the Family Court of Australia for
the opportunity to participate in this challenging and vitally important
aspect of the development of litigation in the future. The Visionaries
collectively hope that if their meeting does not constitute a milestone on
that future pathway, that at least it represents an effective signpost to the
way in which the road should be developed in the future.
John Faulks
APRIL 2002
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