Courtside This issue - The Law Society of Tasmania

2
From the Chief Justice
In January I had the pleasure of
announcing the five Family Court
recipients of the Australia Day
Achievement Medallion. Being part
of the selection process for this award
is a very rewarding aspect of my
position. I extend my congratulations
to this year’s recipients – Stephen
Ralph, Peter Francis, Dennis Beissner,
Elizabeth Hore and Susan Weise.
You can read in detail about the
achievements of these staff on pages
1 and 4.
The Court is presently preparing
for the work associated with Less
Adversarial Trials pursuant to Division
12A of the Family Law Act 1975 (Cth)
for matters filed after 1 July 2006.
In Melbourne a trial `Blitz’ has
taken place to reduce the number
of cases which were filed prior to
1 July 2006 and await hearing. In
addition to the work of 9 local
Judges, a further 3 Judges from
interstate also provided assistance
during the `Blitz’ period in
Melbourne. Where appropriate,
cases were transferred to the
Federal Magistrates Court. Early
reports indicate that this process
has been very effective in clearing
a significant number of matters
awaiting trial.
The work of court staff during
this busy period was an essential
component of the success of the
‘Blitz’. I thank all staff involved
for their extra efforts during this
challenging time.
In Brisbane, over five consecutive
days in February, a joint callover
of identified cases was held with
Justice Carmody and Federal
Magistrate Michael Baumann
both on the bench. Where cases
were transferred to the Federal
Magistrates Court, directions
and trial dates were immediately
provided; otherwise directions were
made for the progression of each
of the matters that remained. The
callover was very effective. Of
the 276 matters mentioned, 170
were transferred to the Federal
Magistrates Court, final orders were
made in 24 cases, 26 applications
were discontinued and directions
were made for the progression of
the balance of 56 matters.
The diminution of the cases
awaiting a hearing filed prior to 1
July 2006, will enable the Court to
restructure listings to accommodate
the hearing of Less Adversarial
Trials and the introduction of an
individual Judicial Docket.
The Family Court is increasingly
focused upon the more complex
family law cases, with the less
complex matters moving to the
Federal Magistrates Court. This
transition is of particular importance
to the Adelaide Registry where the
recent retirement of Justice Murray
has required the Court to develop a
streaming model.
A workshop was held in Adelaide
on 1 February to consider the
implementation of a streaming
model pilot for family law
applications.
THE HON DIANA BRYANT
A streaming model will require
all cases to be commenced in
the Federal Magistrates Court
and be transferred to the Family
Court where appropriate, with the
exception of ‘special jurisdiction’
cases (for example, Hague
cases) which will be listed in
the Family Court. A model of
solicitor certification is also being
developed, whereby solicitors
indicate that a particular dispute
is appropriate to be heard in the
Family Court. This process is
subject to review by a Registrar.
There were 28 participants in the
workshop including members of
the Family Court judiciary and
Federal Magistrates, court staff and
representatives from the Attorney-
General’s Department.
The participants agreed on a
proposed streaming model
and are working towards the
implementation of the project.
Finally, I welcome a number of
significant appointments from
within the Family Court. The Court’s
Deputy Chief Justice, John Faulks
has been appointed to the Family
Law Council. Deputy Chief Justice
Faulks was previously a chairman
of the Family Law Council. The
Council makes a vital contribution
to the development of family law
and I congratulate his Honour on his
appointment to this important role.
I also extend my congratulations
to Charlotte Kelly and Leanne
Spelleken, former Senior Registrars
of the Family Court, who have
recently been appointed as Federal
Magistrates. They will serve as
Federal Magistrates in Adelaide and
Brisbane respectively.
COURTSIDE ~ April March 2006 2007