Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Issue No 13 January 1996

Family Law Council Newsletter

In this issue

Please address all correspondence and inquiries concerning the Family Law Council News to:
The Director of Research
Family Law Council
50 Blackall Street
BARTON ACT 2600 Telephone: (06) 250 6375. Fax: (06) 250 5917

Successful Research Planning Seminar

A planning seminar sponsored jointly by the Australian Institute of Family Studies and the Family Law Council was held at the Institute's Offices in Melbourne on 29 November 1995. The seminar was organised by Dr Kate Funder, from the Institute, and Bill Hughes from the Council's Secretariat.

Those attending included representatives of the following organisations: the Australian Institute of Family Studies, the Family Law Council, the Attorney-General's Department, the Family Court of Australia and the Family Court of WA, the Law Council of Australia, National Legal Aid, the Family Services Council, the National Alternative Dispute Resolution Advisory Council and Relationships (Australia). Also present were Professor Patricia Noller (Queensland University), Professor Peter McDonald (Australian National University) and Mr Lawrie Moloney (La Trobe University).

The seminar approached its objective of identifying the research needs in family law by breaking the subject down into five areas: Gaps and Maps (gaps in basic data collection and guides to further knowledge); Pathways and processes in family formation and breakdown (knowledge of family formation, the success of various interventions, and the use of support, education, guidance etc.); Processes, services and their consequences (the need and efficacy of services, future demographic trends, social mores and service needs); Children and family law (The key issues in research from the child's perspective); and, Access to justice (How well does the family law system serve a pluralistic society with diverse needs?).

The seminar was opened by the Director of the Institute, Professor Harry McGurk, and Chaired by the Chairperson of the Family Law Council, Mrs Jennifer Boland. Each of the five sessions had a discussion leader and rapporteurs gave summaries of the discussions and identified the issues in the closing session.

The Institute and the Council will be examining the information gathered at the seminar and a written report will then be distributed to the various participating organisations. It is expected that this will enable those organisations to better coordinate their respective research programs. A number of participants were of the view that a planning seminar of this type should be held on a regular basis in the future.

Council's 1996 Work Program

Council's Magistrates Courts project was completed in the latter half of 1995 and a report Magistrates in Family Law has now been distributed publicly. Copies of the report are available from Australian Government Publishing Service bookshops.

The report of the Family Court Appeals project is nearing completion. At its meeting in November 1995 the Council examined the main recommendations to be made in the report and a final draft of the report should be available for the Council's consideration at its February 1996 meeting. The aim is to have the report published in the first half of 1996.

The report of the Child's Representatives project is also in its final stages and the committee expects to have its main recommendations ready for the Council's consideration in February 1996. Discussions are taking place between the Convenor of the Council's committee and the Convenor of the Family Court's committee on separate representation of children. At this stage the committee plans to have its report ready for publication in mid-1996.

Consultation on the Violence and Family Law project is continuing. The committee has conducted seminars in Newcastle and Melbourne and is planning a seminar for Sydney in February 1996 (Further details are available from Dr Jo Herlihy on 06-2506545). Over 50 written submissions have also been received by the committee in its preliminary consultation process. At this stage the committee is considering the preparation and distribution of an issues paper for public comment before it finalises its advice to the Attorney-General.

Data collection for the Penalties project commenced with the assistance of the Family Court in mid-November 1995. The collection of data on penalties imposed by the court will continue for a period of 18 months. Some early returns have already been received from Judge's Associates, who are collecting the data.

The Child and Family Services project was recommenced at the end of 1995 with a meeting of the newly formed committee. A further meeting of the committee set down for late January 1996 has had to be deferred due to a lack of resources. The meeting is now planned for February-March 1996.

The Child Support Monitoring Committee held a telephone conference in late 1995 and will be meeting again prior to the February 1996 meeting of the Council. As the committee has a number of new members, they are currently bringing themselves up-to-date by examining briefing documentation on the latest developments in the child support area.

At its meeting in Melbourne on 30 November- 1 December 1995, immediately following the research planning seminar, the Council proposed a number of new projects which will commence as resources permit. The new matters to be examined are:

Terms of reference for these new projects have not yet been drawn up. It is also expected that, in accordance with the usual practice, terms of reference will be referred to the Attorney-General prior to their settlement by the Council.

Family Law Legislation - What's Happening?

In 1994 two Reform Bills were introduced in the Parliament by the Attorney-General. The first dealt with children's issues and alternative dispute resolution and the second with matrimonial property.

The first Bill was passed by the Parliament on 21 November 1995 and received assent on 16 December 1995. The Family Law Reform Act 1995, as it is now cited, will come fully into operation from a date to be proclaimed. The Act contains a number of changes recommended by the Council in its reports Patters of Parenting After Separation (1992) and The Operation of the UK Children Act 1989.

The second Bill was introduced in the Parliament on 30 November 1995 and is now cited as the Family Law Reform Bill (No 2) 1995. Further consultation on the Bill is continuing. A consultation seminar was held in Melbourne on 15-16 January 1996 with a number of interested persons and organisations. The Chairperson (Mrs Jennifer Boland) and members Professor Regina Graycar and Justice Michael Hannon participated in the seminar.

Simplified Family Court Procedures

Family Court Rules and Practices have been overhauled and streamlined as a part of the family law reforms introduced by the Attorney-General. Mr Lavarch launched the simplified procedures and rules in Brisbane on 12 January 1996.

The new procedures will:

The Council was involved in the wide consultation process adopted by the Court in drawing up the simplified procedures at various stages of their development.

Council Meeting in Melbourne (30 November - 1 December 1995)

The last meeting of the Council for 1995 was held at the offices of the Family Court in Melbourne on 30 November - 1 December 1995. Visitors during the course of the meeting were the Chief Justice, the Hon A B Nicholson AO RFD, and Mr Peter Royston and Mr Stuart Williamson of the Law Institute of Victoria.

The Council considered its 1996 work program in light of the research planning seminar held on 29 November 1995, which is outlined in more detail elsewhere in this newsletter.

The Convenor of the Appeals Committee, Justice May, gave a progress report on the work of her committee and the Council examined the main recommendations of the committee. A preliminary draft of the committee's report was also considered by the Council.

Progress reports were also given on the various other projects currently being undertaken by Council committees. Considerable time was spent in discussions on the child's representatives and violence in family law projects.

Council member, Mr John Hodgins, provided the Council with a written report on legal aid in Australia which drew attention, among other things, to the position of Legal Aid Commissions in relation to the provision of separate representatives for children in the Family Court.

Draft Mediation Standards prepared by the Family Services Council were distributed to the Council by Ms Dale Bagshaw, who is the Chairperson of that Council and a member of the Family Law Council. The draft standards were examined and commented on by the Council and Ms Bagshaw will convey those views to her Council. The Family Law Council welcomed the opportunity to be involved with the preparation of the standards.

The Council considered the recommendations of the Joint Select Committee on the Funding and Administration of the Family Court. This matter will be considered in more detail at the next Council meeting and a submission to the Attorney-General on the report will then be prepared.

The Council approved, for publication, an information leaflet on the composition, functions and operation of the Family Law Council.

Other matters considered by the meeting included the Family Law Reform Bills, the Council's mailing list, the Council's 20th anniversary in 1996, the use of the Telstra Conferlink facility for some Council committee meetings, staffing of the Council's Secretariat and the Hague Convention on the Protection of Children.

The Council changed the date of its May 1996 meeting to 16-17 May 1996. At this stage the meeting will still be held in Perth.

Staffing review to include Council's Secretariat

The Family Law Council's Secretariat is a unit within the Family and Administrative Law Branch (Civil Law Division) of the Attorney-General's Department. At present a review of the Branch is being undertaken and the Secretariat is included in the review.

The Director of Research has made two written submissions to date on the Secretariat's staffing and workload. The submissions have drawn attention to a number of matters including a request for consultation with the Council about the staffing situation, recent requests by the Council for additional staffing, the implications of the Council's power to examine issues on its own motion and the expected workload of the Council over the next 2 years. The review and subsequent consultation processes are expected to continue at least during the first half of 1996.

The Family Law Council News is a quarterly 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, 50 Blackall Street, BARTON. ACT. 2600.

Editor: Bill Hughes
Production & distribution: Bim Engler