Program 2.1: FCFCOA (Division 1)

These reforms received Royal Assent on 1 March 2021 and commenced on 1 September 2021.

The FCFCOA (Division 1) is a superior court of record and a court of law and equity established by Parliament in 1975 under Chapter III of the Constitution. The objective of the FCFCOA (Division 1) is, through its specialist judges, registrars, and staff, to assist Australians to resolve the most complex family disputes and family law appeals by deciding such matters according to the law, as promptly, courteously and effectively as possible.

The Court exercises original and appellate jurisdiction in family law, including in a number of highly specialised areas. From 1 September 2021, the Court’s original jurisdiction is enlivened by the transfer of cases from the FCFCOA (Division 2). These matters include those with the most complex law, facts, and parties, including cases arising under the regulations implementing the Hague Convention on the Civil Aspects of International Child Abduction.

The Court provides national coverage as the appellate court in family law matters, including hearing appeals from decisions of single judges of the Court, from judges of the Federal Circuit and Family Court of Australia (Division 2) in family law matters, the Family Court of Western Australia and state and territory courts exercising family law jurisdiction. The Court maintains registries in all States and Territories except Western Australia, including in regional locations.

The Chief Justice is responsible for managing the business and administrative affairs of the Court, assisted by the Deputy Chief Justice. The Chief Justice is assisted by CEO and Principal Registrar, who is appointed by the Governor-General on the nomination of the Chief Justice.

Performance and key activities

Purpose

Through its specialist judges, registrars, and staff, assist Australians to resolve their most complex family disputes and family law appeals by deciding such matters according to the law, promptly, courteously, and effectively.

Outcome

Apply and uphold the rule of law for litigants in the FCFCOA (Division 1) through the just, safe, efficient, and timely resolution of family law matters, particularly more complex family law matters including appeals, according to law, through the encouragement of appropriate dispute resolution processes through the effective management of the administrative affairs of the Court.

Guiding principles

• Deliver just, efficient, and effective dispute resolution in family law matters.
• Ensure best practice in judicial and non-judicial processes.
• Protect vulnerable parties and children.
• Build public trust and confidence.
• Improve access to justice.

Key activities

For 2024–25 (and the outlook period through to 2028), the Listed Entity will provide support for the FCFCOA (Division 1) to progress the following key activities:

Table 4. Program 2.1 key activities, 2024–25 to 2027–28.

2024–25 significant initiatives

• Ongoing review of the new case management pathway, with a focus on timeliness, efficiency of the new case management pathway and outcomes for at risk litigants and children.
• Ongoing revision and improvement of Lighthouse, with a focus on refining all aspects of risk screening and assessment, safety planning and service referral, and bespoke risk-based case management, including the high-risk Evatt List. Current funding until 30 June 2026.
• Continued engagement of Indigenous Family Liaison Officers and development of tailored case management processes for matters involving Aboriginal and/or Torres Strait Islander litigants and children, including specialist Indigenous Lists. Currently majority of funding for Indigenous Family Liaison Officers until 30 June 2026.
• Continued expansion of the information sharing and co-location initiatives in family law.
• Ongoing review and refinement of the Court’s Magellan protocol and processes.
• Development of specialised case management and dispute resolution processes for matters relating to the 1980 Convention on the Civil Aspects of International Child Abduction.
• Establish a common platform based on the modernised Digital Court File to incorporate case management, workload management and dashboards within a single application

Performance measurement

The key outcome measures for the FCFCOA (Division 1) are contained in Outcome Two of the Portfolio Budget Statements.

The FCFCOA (Division 1) maintains two goals related to timely completion of cases. All strategies, priorities and key activities are designed to support the achievement of these performance goals.

Performance against these goals is reported in the Court’s annual report and in the Annual Performance Statement.

Measures of success

• Improved efficiencies and access to justice in family law through clear and harmonised rules and case management procedures.
• Improved case management through early registrar triage and safely conducted dispute resolution, resulting in increased judicial time to focus on the most complex disputes and judgment writing.
• Reduced delays and backlogs of pending family law cases, assisting litigants to resolve their disputes in a just and timely manner with simplified court procedures.
• Timely delivery of judgments by both judges and registrars.
• Positive outcomes for children and families through increased information sharing and engagement with relevant stakeholders and other jurisdictions.
• Improved protection of at-risk parties and children exposed to family violence and other risks through early risk identification, screening and assessment.
• Improved support and cultural responsiveness in proceedings involving Aboriginal and/or Torres Strait Islander litigants and children, through the ongoing engagement with communities and stakeholders and growth in the Courts’ Indigenous Family Liaison Officer cohort.