Issue No 32 Spring/Summer 2002
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 5917
Email: flc@ag.gov.au
NEW CHAIRPERSON AND MEMBERS
During 2001 there were a number of significant changes to Council membership. Professor John Dewar, Dean of the Faculty of Law at Griffith University in Queensland was appointed Chairperson, for a 3 year term, on 18 August 2001. Professor Dewar was a member of the Council until March 2001 when his term expired. He was also a member of the Family Law Advisory Pathways Group. He has an extensive background in family law and his work has been published widely.
Professor Dewar replaced Mr Des Semple as Chairperson. Mr Semple served with great distinction as both a Member and then Chairperson of the Council.
Coinciding with Professor Dewar's appointment, three further members were also appointed: The Hon. Justice Ann Robinson, Judge of the Family Court of Australia, South Australia, Professor Patrick Parkinson, Pro-Dean (Teaching Programs), Faculty of Law, Sydney University, and Ms Susan Holmes, Executive Director, Relationships Australia, Tasmania. Subsequently, Ms Kate Hughes, Head of Family Law Section, Legal Aid Office, Australian Capital Territory, and Ms Tara Gupta, Director of Legal Services, Department of Family and Children's Services, Western Australia, were appointed members on 4 October 2001.
For the first time in Council's history, an Observer from the Law Council of Australia, Ms Anne Rees, attended Council's Canberra meeting in November 2001.
In January 2002 Mr Stephen Bourke, formerly First Assistant Secretary of the Family Law and Legal Assistance Division of the Attorney-General's Department, notified his resignation from Council. Mr Bourke made a significant contribution to the Council and his wise counsel was always highly valued.
THE FAMILY LAW COUNCIL CELEBRATES 25 YEARS
Last year marked the 25th anniversary of the establishment of the Family Law Council. The Council held its first meeting on 26 November 1976 with the Hon Justice Elizabeth Evatt as the first Chairperson. The Council has benefited from the high calibre of its past Chairpersons, Members, Observers and visitors in establishing its reputation for producing practical and achievable advice to Government in such an important area of policy formulation.
To mark this important occasion the Council is hosting a small function to express appreciation for past members' work, and all the many contributors to Council's work, in helping develop family law in Australia. The Anniversary function will be held in Melbourne on 18 March 2002 to coincide with the 10th National Family Law Conference. A special issue of the Council's newsletter will also be produced to mark this occasion following the Melbourne function.
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At the November Council meeting: from left, Professor John Dewar - current Chairperson, and former Member, 4 March 1998 to 3 March 2001; The Hon. Justice John Faulks - Member, 7 August 1990 to 30 June 1992, and Chairperson, 1 July 1992 to 30 June 1995; the Hon. Justice Mary Finn - Member, Member, 6 September 1988 to 6 December 1989; The Hon Austin Asche- Member, 21 November 1976 to 31 December 1979
COUNCIL'S JULY MEETING IN SYDNEY
Council met in Parramatta and Sydney on 23 and 24 July 2001. This meeting was the last meeting for the outgoing Chairperson, Mr Des Semple, and also the last for several members: Justice Richard Chisholm, Mr Fabian Dixon, and Ms Dianne Gibson. Council welcomed Ms Lani Blackman from the ALRC, and Ms Ruth Weston from the AIFS, as Observers.
Draft Letter of Advice: Violence and financial provisions
Council examined the draft text in detail. It was agreed a final draft would be prepared and sent to the Attorney-General as a Letter of Advice. Council recorded its appreciation for the work performed by the Convenor, The Hon. Justice Richard Chisholm, and Members of the Violence Committee.
Draft Report: Cultural-Community Divorce and the Family Law Act 1975
Council prepared an Issues Paper in October 2000 concerning the difficulties that may arise when one party, who under religious law is entitled to grant or refuse a divorce, refuses to do so in circumstances where a divorce is granted under civil law, and whether some change of law may be appropriate to address these difficulties. Consultative meetings were held in June and July in Sydney and Melbourne. A Report was then drafted.
Council examined the text of the Report in detail. Council agreed that it should be revised in light of Council?s comments and then sent to the Attorney-General. Council endorsed the proposal that the Issues Paper and the Report should be put on the Council web-site.
Visitors
As this meeting coincided with the Family Court of Australia 25th Anniversary Conference, Council took the opportunity to invite several Conference participants to meet with Council. In particular, Council was honoured by the presence of The Hon Chief Justice Alastair Nicholson, who provided Council with an informative overview of Court initiatives.
Indigenous issues were addressed by The Hon Justice Colleen Moore (Chair of the Court's Aboriginal and Torres Strait Islander Committee) together with the Family Court's six Indigenous Family Consultants: Mr Kimberley Hunter, Ms Pat Raymond, Ms Maureen Abbott, Mr Michael Patterson, Ms Daisy Caltabianco, and Ms Josephine Akee.
Council's consideration of indigenous people and the family law system was also assisted by discussions with service providers located chiefly in the Parramatta region. Different perspectives were offered by Ms Andrea Evans, Macquarie Legal Centre, Ms Jennie Wong, Women's Legal Resource Centre, Mr Victor Zander, DOCS, Mr Ahmend Zraika, Mount Druitt Legal Centre, Ms Jane Holden, Mount Druitt Legal Centre, Mr Peter Spiers, Campbelltown Aboriginal Legal Service, and Ms Kate Burns, Senior Solicitor, Kingsford Legal Centre.
In addition, three judges from the Parramatta Registry of the Family Court met with the Council: The Hon Justice John Purdy, The Hon Justice Robyn Flohm, and The Hon Justice Jan Stevenson. Other visitors providing valuable insights into trends and issues were Federal Magistrate Stephen Scarlett, Ms Bernadette Grant, from Legal Aid Commission of NSW, Mr Robert Benjamin, Chair, Family Law Committee, Law Society of NSW, and Ms Margaret Bowman, from the Family Law Committee, Law Society of NSW.
The Council recorded its gratitude to Mr Semple and all departing members for their valuable contribution to the work of the Council.
COUNCIL'S NOVEMBER CANBERRA MEETING
Council met in Canberra on 15 and 16 November 2001. This meeting was the first meeting for the incoming Chairperson, Professor John Dewar.
Pathways Report: Out of the Maze
Council examined the recently released Report's recommendations with a primary focus on tasks that it might be involved in or assist with given its particular expertise and interests.
The Judicial Power of the Commonwealth, October 2001 (ALRC 92)
Council discussed the relevant recommendations of this important Report.
2002 Meeting Program
The following meeting program for Council in 2002 was agreed upon:
| 21-22 March | Melbourne |
| 30-31 May | Perth |
| 22-23 August | Rockhampton |
| 21-22 November | Canberra |
Visitors
Mr Chris Staniforth, CEO, Ms Pam Lynden, Family Law Section, from the Legal Aid Office (ACT), and Ms Lois Clifford, Family Law Committee, ACT Law Society, met with the Council. Discussions focussed on the impact of recent initiatives, and their relevance to current interests and inquiries of the Council. Among the issues raised was the background to, and future of the Pathways Report, Out of the Maze; the question of specific funds for domestic violence matters through the Legal Aid agreements - in light of the recent decision of T and S [2001] FamCA 1147. In addition, the need for additional contact and supervision services was noted. And the lack of access to the family law system on Norfolk Island was raised.
There was strong support expressed for the work performed by The Hon Justice John Faulks, as the only trial judge in Canberra, and for the contributions of Federal Magistrate James Brewster.
Judicial visitors were The Hon Justice Mary Finn, and The Hon Justice John Faulks, from the Canberra Registry of the Family Court of Australia. Matters raised included the new procedures for sending people to an approved parenting program at community organisations, and the new Overseas child support arrangements. Some concerns were expressed about a line of High Court decisions concerning the conduct of appeals hearings: see CDJ v VAJ (1998) HCA 67; Allesch v Maunz [2000] HCA 40.
Ms Cathy Argall, General Manager, and Ms Sheila Bird, Assistant General Manager, Client and Community Branch, Child Support Agency briefed Council on a range of relevant issues. It was agreed that the Agency should maintain a dialogue with the Council, particularly in relation to any new legislative arrangements.
WORK PROGRAM
At its Canberra meeting several new Committees were established, existing Committees reconstituted, and Convenors appointed - details are available on the website.
Child and Family Services
The CAFS Committee met in Canberra on 11 January to discuss Submissions responding to the discussion paper and agree on future directions for this reference.
Civil and Cultural-community divorce
The Report was sent to the Attorney in August 2001. The Report and Discussion Paper are available on the Family Law Council's website at www.law.gov.au/flc.
Violence
Council finalised its Letter of Advice concerning the issue of violence and property proceedings and this was sent to Government for consideration in August 2001.
The Paramountcy Principle
Research to provide background for drafting a report to the Attorney-General is being undertaken.
Child Representatives
The Committee convened a telephone conference in November to outline issues and plan possible approaches.
ANNUAL REPORT 2000-2001
The Annual Report was tabled on 23 November 2001. It is available on the Council's website at www.law.gov.au/flc.
FAMILY LAW STATISTICS
Council agreed at its Sydney meeting that the Statistics chapter previously included in the Annual Report would now be produced as a separate publication. This will be placed on the Internet later in the year.
FAMILY LAW PATHWAYS ADVISORY GROUP REPORT LAUNCHED
The Pathways Group Report, Out of the Maze, was launched at a function held at Parliament House on 29 August 2001 by the Commonwealth Attorney General, Daryl Williams, and the Minister for Family and Community Services, Senator Amanda Vanstone. The report and background information can be found here.
CONSULTATION ON A QUALITY FRAMEWORK FOR PRIMARY DISPUTE RESOLUTION UNDER THE FAMILY LAW ACT 1975
Part 5 of the Family Law Regulations, concerning the regulatory framework for the provision of primary dispute resolution services under the Family Law Act 1975, commenced on 11 June 1996. A consultation paper entitled Raising the Standard: A Quality Framework for Primary Dispute Resolution under the Family Law Act 1975 was released for public comment. The closing date for submissions was 2 January 2002.
NEXT MEETING - MELBOURNE
Council's next meeting in Melbourne on 21-22 March will have as its theme the liaison between the Federal Magistrates Service and the Family Court and recent initiatives in this area.
SECRETARIAT - STAFFING CHANGES
Mr Brendan MacDowell, the Director of Research since 4 January 1999, has accepted a permanent position in the human rights policy area of the Attorney-General's Department. Mr MacDowell's period as Director saw the release of several major Reports, Discussion Papers, and Letters of Advice, and his contribution was highly regarded by Council. Mr Osborne is A/g Director of Research.
Mr Sean Mowbray, who has worked in the Secretariat this Summer, will leave to join a graduate program with the Attorney-General's Department at the start of February. Ms Cate Wells, who has provided excellent administrative support for the last four and a half years, will shortly leave the Secretariat. Ms Di Kneebone will take over the administrative support functions.
APPOINTMENT OF A NEW FEDERAL MAGISTRATE
Mr Stewart Brown has been appointed as a federal magistrate in Darwin. Mr Brown's appointment commenced on 5 November 2001. Mr Brown was formerly the Northern Territory Deputy Coroner, and is a former Registrar of the Family Court of Australia. Mr Brown will travel on circuit to Adelaide and to other regional centres. The Darwin position brings the number of federal magistrates appointed to 17.
CONFERENCES
10th National Conference Family Law Conference 2002
The Family Law Conference in 2002 will be held in March, in Melbourne from 16-20 March. The program promises a stimulating and informative mix of presentations and events. For further information, contact on the Conference website: www.familylawsection.org.au or phone (03) 9417 0888.
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: Cate Wells
Design: Architype