Review of the Federal Circuit and Family Court of Australia Act 2021

Review

The Attorney-General, the Hon Mark Dreyfus KC MP, has announced a review of the Federal Circuit and Family Court of Australia Act 2021 (the FCFCOA Act). The review is required by section 284 of the FCFCOA Act.

The review will commence after 1 September 2024. A report of the review is due to be provided to the Attorney-General on or before 1 March 2025. The report is required to be tabled in Parliament within 15 sitting days of receipt.

The Attorney-General has appointed the Hon Linda Dessau AC CVO and Professor Helen Rhoades OAM to conduct the review.

Terms of reference

The review is to consider and provide a written report on:

1. The impact of the structural reforms to the Family Court of Australia and the Federal Circuit Court of Australia, including with respect to:
   1. dual appointments
   2. the operation of the FCFCOA (Division 2) as a single point of entry for federal family law matters
   3. the allocations of original and appellate jurisdiction in federal family law matters
   4. the level of specialisation of judicial officers exercising family law jurisdiction
   5. any impact of the change of name to FCFCOA Division 1 and Division 2.
2. Any aspects of the FCFCOA Act that have had unintended impacts on the operation or the effectiveness of the court's federal family law and general federal law jurisdiction, procedure or jurisprudence.
3. With respect to the above matters, whether the operation of the Act can be improved through legislative amendments or other non-legislative changes, including structural changes.

Broader consideration of the family law system and Family Law Act 1975 (Cth) outside of the impact of the FCFCOA Act, resourcing for the courts, or an economic evaluation of the efficiency of the courts, are not to form part of the review.