Issue No 36 Spring/Summer 2003

Family Law Council Newsletter

Please address all correspondence and inquiries concerning the Family Law Council News to:

The Director of Research
Family Law Council
Robert Garran Offices
National Circuit
BARTON   ACT   2600
Telephone: (02) 6250 6842.
Fax: (02) 6250 6521
Email:  flc@ag.gov.au

New Attorney-General

On 7 October 2003 Mr Philip Ruddock MP was sworn in as the new Australian Attorney-General. One of Mr Ruddock's portfolio priorities is family law.  Council looks forward to advising the Attorney-General in a period of considerable change in the family law system.

New Members

On 5 December the Attorney-General Philip Ruddock announced two new appointments to Council. The new members are Justice Susan Morgan of Melbourne and Federal Magistrate Christine Mead of Adelaide.

"Both Justice Morgan and Federal Magistrate Mead are experienced judicial officers in the family law system and their appointment will complement the expertise of existing members of the Family Law Council," Mr Ruddock said.

The Inquiry into child custody arrangements in the event of family separation, and the operation of the child support formula

Two Council meetings have been devoted to considering the issues arising out of the Joint Custody Inquiry.  Two submissions have been lodged with the Family and Community Affairs Committee.

The primary submission was lodged shortly after Council's Brisbane meeting on 24 September 2003.  On 17 October Council's Chairperson, Professor Dewar, was questioned by members of the Family and Community Affairs Committee regarding the submission and several questions were taken on notice.

One of the questions on notice involved providing a detailed Council view on the issue of contact order enforcement.  Council finalised a supplementary submission to the Joint Custody Inquiry on this issue. This was presented to the Committee by Professor Parkinson on 14 November 2003 at a meeting at which he explained Council's proposals to the Committee. Both submissions (Numbers 1400 and 1699 respectively) can be found on the Inquiry website at: http://www.aph.gov.au/house/committee/fca/childcustody/subs.htm.  

Members, Observers and Secretariat staff at the Brisbane meeting

Front row: Bruce Smyth (observer), Kym Duggan (member), Tara Gupta (member), Margaret Harrison (observer), Josephine Akee (member), Jennie Cooke (observer)

Middle row: Patrick Parkinson (member), Stephen Thackray (observer), Yvonne Marsh (observer), Kate Hughes (member), Di Kneebone (secretariat)

Back row: Christopher Paul (secretariat), Garry Watts (observer), Matthew Osborne (secretariat), John Dewar (Chairperson)

Council's August meeting in Brisbane

The themes for this meeting were de facto relationships and property, the referral of powers to the Commonwealth, and the situation in WA.  Council also discussed its response to the Joint Custody Inquiry being conducted by the House of Representatives Family and Community Affairs Committee.

Council met senior court officials and judicial officers in Brisbane, notably Justice May, Mr Michael Frame (Brisbane Registry Manager), and Mr Michael Baumann FM.

Council also discussed a significant review of the Commonwealth Civil Justice System.  Two representatives of the Attorney-General's Department - Deputy Secretary Mr Ian Govey and Ms Karen Moore - met with Council to discuss this project.  The Department is expected to complete its review by 31 December 2003.

Council's November meeting in Launceston

Following on from Professor Dewar's appearance before the Joint Custody Inquiry on 17 October 2003 Council gave priority to formulating its response to the Committee's queries. Council's focus was on possible reforms to the family law system to improve its responsiveness to contact order disputes.  Much of Council's time was dedicated to formulating its responses.

Council had discussions with the Hon Justice Hannon, Mr Kim Paterson (Tasmanian Law Society), Mr Norman Reaburn (Legal Aid Commission of Tasmania), Ms Eve Murray, Mr Tim Henry, and Ms Debbie Evans (Relationships Australia.

A second meeting was organised with the national Primary Dispute Resolution Coordinator, Ms Shanna Quinn.

Finally Council also met with Justice Hannon of the Family Court of Australia.  A range of issues were discussed including legal aid and the number of self-represented litigants presenting in the Family Court.

Council's Work Program

The Guidelines Committee was established to examine Pathway's recommendation 4 (a).   A draft Best Practice Guidelines for Lawyers Doing Family Law Work was distributed in August 2003 and detailed comments have been considered.  Work is being undertaken on a revised draft of the Guidelines in light of those comments.

The Child Representatives Committee has been tasked with responding to recommendation 21 of the Pathways Report in light of the findings and recommendations of the Council's 1996 report, Involving and Representing Children in Family Law.  Council considered a draft of the report in Launceston.

The Aboriginal and Torres Strait Islander Issues Committee is to investigate implementation of recommendation 22 of the Pathways report relating to kinship obligations and child-rearing practices in indigenous communities. The committee is drafting a letter of advice.

Ongoing work

The Paramountcy Committee is to examine the nature and application of the legal principle that the child's best interests must be regarded as the paramount consideration and to consider whether the Family Law Act 1975 should be amended in this respect.  It is currently preparing a report to the Attorney-General.

Further details concerning these projects and their terms of reference can be found on the Council's website at http://www.law.gov.au/flc.

The Year in Review

Annual Report 2002-03

Council's Annual Report for the preceding financial year was tabled in Parliament on 28 October 2003.  The report can be accessed from the Council's website at http://www.law.gov.au/flc.

Council's Meeting Dates for 2004

March 4-5
Melbourne
The operation of Superannuation in Family Law
 
May/June tba
Mildura
Family Law needs of people living in rural and remote areas, focusing in particular on Aboriginal and Torres Strait Islander people.
 
September 23-24
Gold Coast
tba
 
November/December tba
Canberra
tba

Upcoming Conferences

11th Biennial National Family Law Conference

To be held at the Gold Coast Convention Centre on 26-30 September 2004 and to be hosted by the Family Law Section of the Law Council of Australia.  Contact phone no: 07 3858 5592. 

The Family Law Council News is a bi-annual newsheet which aims at informing persons and organisations about the work of the Family Law Council.  The News is produced under the auspices of the Family Law Council but the views expressed are those of the writer or the Editor and not necessarily of any of its members or members of its committees.  The purpose of the News is to provide general information and not legal advice.  Every care is taken in the preparation of the News but readers are advised to check the detail of any legislation, cases or other material in it.  All inquiries about the Family Law Council News should be directed to the Director of Research, Family Law Council, Robert Garran Offices, National Circuit, BARTON.  ACT.  2600.

Editor: Matthew Osborne                 
Distribution: Di Kneebone
Design: Architype