Family Law Council

Latest News

Current information and news from the Family Law Council.

Family Law Council tables its annual report

The Family Law Council’s Annual Report for 2006–2007 was tabled in Parliament, out of session, on Friday,
26 October.

The report describes another productive year at the Family Law Council.  Council’s report on Collaborative Practice in family law was released in February 2007 to a very warm reception. Council also released a discussion paper on arbitration of family law property and financial matters in May 2007, and has consulted with bodies such as the ALRC and the Attorney-General’s Department on a variety of issues relevant to family law. In addition, Council welcomed several new members, including Deputy Chief Justice Faulks of the Family Court, Federal Magistrate Sexton and Federal Magistrate Hartnett.

The report also provides information on the Council’s membership, operation and history.

You can view the report here.

New Appointments to the Family Law Council

On 27 September 2007 the Attorney-General announced four appointments to the Family Law Council.

Professor John Wade was appointed as the new Chair of the Council. Professor Wade has extensive experience as a mediator and as an author in the fields of family law and alternative dispute resolution and was previously a Member of the Council from 1988 to 1990. His appointment will run for three years.

Justice Garry Watts, Ms Nicola Davies and Mr Clive Price were also reappointed as Members of the Council for three year terms.

Arbitration Discussion Paper submissions closed

The discussion paper The Answer from an Oracle: Arbitrating Family Law Property and Financial Matters was released on 1 June 2007. The paper discusses the potential advantages and disadvantages of arbitration and ways in which use of arbitration for family law property and financial matters might be encouraged. Council sought comments on the matters raised in the paper. The closing date for comments was 13 August 2007.

Council has received some very detailed submissions from the major stakeholders in family law and is presently considering the matters raised in those submissions.

Statistical Snapshot for 2003 to 2005 released

The Statistical Snapshot for 2003 to 2005 has been released. This is the third edition of the Family Law Council’s statistical report on aspects of the Australian family law system.

Collaborative Law Report released

The report Collaborative practice in family law has been released for publication and the government is considering its response. The report is available either in the publications section of this web site or the attached link will take you directly to it. The terms of reference for the report are set out below.

Terms of Reference

The Terms of Reference on Collaborative Law were received from the Attorney-General on 31 January 2006. A committee has been convened to advise how the government, in partnership with the legal profession, can assist in promoting collaborative law in Australia. The terms of reference are:

That the Family Law Council, in consultation with the Family Law Section of the Law Council of Australia and the National Centre of Collaborative Law, advise how the government, in partnership with the legal profession, can assist in promoting collaborative law in Australia.

In particular, consideration should be given to the following:

  1. What, if any, legislative changes need to be made to support the practice of collaborative law?
  2. What, if any, changes to court processes need to be made to assist collaborative law?
  3. What, if any, changes need to be made to the legal aid system to promote collaborative law?
  4. Whether it is desirable to have national guidelines for the practice of collaborative law, and if so, how would these best be developed?