Bill
Federal Circuit and Family Court of Australia Bill 2019
passed, as at 2021-03-01. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2019-12-05
- second reading — 2019-12-05
- second reading — 2020-11-30
- second reading — 2020-12-01
- second reading — 2020-12-01
- third reading — 2020-12-01
- introduced — 2020-12-02
- second reading — 2020-12-02
- second reading — 2021-02-16
- second reading — 2021-02-17
- second reading — 2021-02-17
- committee — 2021-02-17
- third reading — 2021-02-17
- other — 2021-02-18
- passed — 2021-02-18
- royal assent — 2021-03-01
Divisions
- The majority voted in favour of keeping the usual second reading motion - which is "*that the bill be read a second time*" - unchanged. Reading a bill [for a second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) is parliamentary jargon for agreeing with the main idea of a bill. This vote was put after a motion (see below) was introduced to change the wording of the usual second reading motion. ### Motion text > *That all words after "That" be omitted with a view to substituting the following words: "whilst not declining to give the bill a second reading, the House:* > > *(1) recognises the critical importance of the family law system to the wellbeing and safety of families across our nation;* > > *(2) notes that:* > >> *(a) the Family Court of Australia was established in 1975, and has served Australian families for 45 years;* >> >> *(b) after seven years of neglect by Liberal Governments, the family law system is in a state of unprecedented crisis; and* >> >> *(c) if passed, these bills will cause further harm to vulnerable children and families in need of specialist family law assistance; and* > > *(3) calls on the Government to withdraw these dangerous bills and to instead get to work doing things that would actually help Australian families in times of need, including:* > >> *(a) responding to the sixty recommendations of the Australian Law Reform Commission's landmark 2019 review into the family law system;* >> >> *(b) increasing resources to the Family Court of Australia and the Federal Circuit Court in order to reduce case backlogs and the stress current delays are causing to families;* >> >> *(c) increasing resources to legal assistance services that provide vital help to vulnerable families in crisis, including Legal Aid Commissions, Family Violence Prevention Legal Services, Aboriginal and Torres Strait Islander Legal Services, Women's Legal Services and other Community Leg — 2020-12-01, House of Representatives: affirmative, ayes 62, noes 60
- Federal Circuit and Family Court of Australia Bill 2019 - Second Reading - Agree with bill's main idea — 2020-12-01, House of Representatives: affirmative, ayes 62, noes 60
- Federal Circuit and Family Court of Australia Bill 2019 - Third Reading - Pass the bill — 2020-12-01, House of Representatives: affirmative, ayes 62, noes 59
- The majority voted against an amendment to the usual second reading motion. The usual second reading motions is "*that the bills be read a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/)*," which is parliamentary jargon for agreeing with the main idea of the bill. ### Amendment text > *Omit all words after "that", insert:* > > *"the bills be referred to the Legal and Constitutional Affairs Legislation Committee for further consideration, including examination in detail of the alternative 'Family Court 2.0' model proposed by the NSW Bar Association in 2018 and also recommended by the 2008 Future governance options for federal family law courts in Australia reportby Mr Des Semple (the Semple Report) and endorsed by a large number of stakeholders, which would relocate judicial officers hearing family law matters and the family law jurisdiction of the Federal Circuit Court into a second division within the Family Court, with a reporting date of no earlier than 20 May 2022."* — 2021-02-17, Senate: negative, ayes 29, noes 33
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-02-17.180.1) to the usual second reading motion. The usual second reading motions is "*that the bills be read a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/)*," which is parliamentary jargon for agreeing with the main idea of the bill. ### Amendment text > *Omit all words after "that", insert:* > > *"further consideration of the bill be deferred until the Joint Select Committee on Australia's Family Law System has presented its final report."* — 2021-02-17, Senate: negative, ayes 29, noes 33
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-02-17.182.1) to the usual second reading motion. The usual second reading motions is "*that the bills be read a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/)*," which is parliamentary jargon for agreeing with the main idea of the bill. ### Amendment text > *At the end of the motion, add:* > > *", but the Senate is of the opinion that:* > > *(a) the Government proposal to merge the Family Court and the Federal Circuit Court is deeply flawed and will do nothing to alleviate any of the fundamental problems plaguing the family law system – a system the Government has neglected for the last seven years; and* > > *(b) further consideration of the bill should be deferred until the government responds to the Australian Law Reform Commission's report Family Law for the Future – An Inquiry into the Family Law System, which made 60 recommendations for reform."* — 2021-02-17, Senate: negative, ayes 30, noes 32
- Federal Circuit and Family Court of Australia Bill 2019 and another - Second Reading - Agree with bills' main idea — 2021-02-17, Senate: affirmative, ayes 32, noes 30
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-02-17.189.1) introduced by Queensland Senator [Murray Watt](https://theyvoteforyou.org.au/people/senate/queensland/murray_watt) (Labor), which means it failed. It would have increase the minimum number of Judges required by the bill. ### Amendment text > *That the House of Representatives be requested to make the following amendment:* > > *(1) Amendment (1), subclause (3), omit “25 Judges”, substitute “32 Judges”.* > > *(2) Amendment (1), subclause (4), omit “25 Judges”, substitute “32 Judges”.* — 2021-02-17, Senate: negative, ayes 29, noes 32
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-02-17.191.1) moved by Victorian Senator [Lidia Thorpe](https://theyvoteforyou.org.au/people/senate/victoria/lidia_thorpe) (Greens), which means it failed. The amendment would have increased the minimum number of judges set out in the legislation from 25 to 40. Senator Thorpe [explained that](https://www.openaustralia.org.au/senate/?gid=2021-02-17.191.1): > *As at 17 February there are 32 judges currently listed on the Family Court's website, who would become Division 1 judges, not including the Family Court of Western Australia judges. The government's amendment requiring 25 judges doesn't make any sense. It's going backwards from the current number of 32 judges. It does not make any sense to go backwards at this time, particularly to a figure of 25 in view of the crippling backlogs and workloads facing the courts.* ### Amendment text > *That the House of Representatives be requested to make the following amendment:* > > *(1) Amendment (1), subclause (3), omit "25 Judges", substitute "40 Judges".* > > *(2) Amendment (1), subclause (4), omit "25 Judges", substitute "40 Judges".* > > *Federal Circuit and Family Court of Australia Bill 2019* > > *Statement pursuant to the order of the Senate of 26 June 2000* > > *Amendments (1) and (2)* > > *Amendments (1) and (2) are framed as requests because they amend the government amendments to the bill to require that the minimum number of judges to hold office in the Federal Circuit and Family Court of Australia (Division 1) is 40 rather than 25. As this will have the effect of increasing the number of judges to be remunerated, it will increase the expenditure under the appropriation proposed by clause 18 of theFederal Circuit and Family Court of Australia Bill 2019.* > > *Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000* > > *Amendments (1) and (2)* > > *If the effect of the amendments is to incre — 2021-02-17, Senate: negative, ayes 28, noes 30
- Federal Circuit and Family Court of Australia Bill 2019 and another - Third Reading - Pass the bills — 2021-02-17, Senate: affirmative, ayes 30, noes 28
- Federal Circuit and Family Court of Australia Bill 2019 - Consideration of Senate Message - Agree with Senate amendments and so pass bills — 2021-02-18, House of Representatives: affirmative, ayes 64, noes 60
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2019-12-05.
The bill would merge the Federal Circuit Court and the Family Court into a single court called the Federal Circuit and Family Court of Australia.
The new court would have two divisions, with one Chief Justice and a unified case management system to handle family law matters more efficiently.
The bill would not allow decided family law cases to be reopened just because of these changes.
- Creates the Federal Circuit and Family Court of Australia as an overarching structure.
- Establishes two divisions: Division 1 continues the Family Court, and Division 2 continues the Federal Circuit Court.
- Provides for a single point of entry for family law matters, filed in Division 2 and transferred to Division 1 as needed.
- Places the court under the leadership of one Chief Justice and one Deputy Chief Justice with dual commissions.
- Preserves the Federal Circuit Court's general federal law and fair work jurisdiction in Division 2.
- Allows the Chief Justice and Chief Judge to make Rules of Court alone for the first two years.
Australian families involved in family law disputes and the federal family court system.
Sources
em
em supp
billhome
frl act