Bill
Federal Circuit and Family Court of Australia Bill 2018
lapsed, as at 2019-07-01. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2018-08-23
- second reading — 2018-08-23
- second reading — 2018-11-26
- second reading — 2018-11-27
- second reading — 2018-11-27
- committee — 2018-11-27
- third reading — 2018-11-27
- introduced — 2018-12-03
- second reading — 2018-12-03
- other — 2019-07-01
Divisions
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2018-08-23.20.1) moved by South Australian Senator [Anne Ruston](https://theyvoteforyou.org.au/people/senate/sa/anne_ruston) (Liberal), which means it failed. It would have amended an [original amendment ](https://www.openaustralia.org.au/senate/?gid=2018-08-23.18.1). ### Amendment > *Omit "15 April 2019", substitute "1 November 2018".* ### Original amendment > *At the end of the motion, add:* > > *"and, in respect of the provisions of the Federal Circuit and Family court of Australia Bill 2018 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018, the Legal and Constitutional Affairs Legislation Committee report by 15 April 2019".* — 2018-08-23, Senate: negative, ayes 30, noes 32
- Federal Circuit and Family Court of Australia Bill 2018 - Third Reading - Pass the bill — 2018-11-27, House of Representatives: affirmative, ayes 76, noes 68
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2018-08-23.
The bill would merge the Federal Circuit Court and the Family Court into a single administrative structure called the Federal Circuit and Family Court of Australia.
The new court would have two divisions, with one Chief Justice holding a dual commission to both divisions, and would create a consistent case management approach for family law matters.
The bill would not allow decided family law matters to be reopened based on these reforms alone.
- Creates the Federal Circuit and Family Court of Australia as an overarching administrative structure.
- Establishes two divisions, with Division 1 continuing the Family Court and Division 2 continuing the Federal Circuit Court.
- Provides for a single Chief Justice with a dual commission to both divisions.
- Confers family law jurisdiction on both divisions under the Family Law Act 1975.
- Allows matters to be transferred between divisions with the approval of the receiving division's Chief Justice or Chief Judge.
- Requires the Chief Justice and Chief Judge to work cooperatively on common case management approaches.
Australian families and children involved in family law disputes in the federal court system.
Sources
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