02
OVERVIEW OF THE COURT
44 % INCREASE in registered users
of the Commonwealth Courts Portal
Revised FAMILY
VIOLENCE BEST
PRACTICE PRINCIPLES released
INTERNATIONAL FRAMEWORK
FOR COURT EXCELLENCE adopted
NEW QUEUING SYSTEMS
INSTALLED in the five busiest registries
OVERVIEW OF THE COURT
02
ÒÒ OVERVIEW OF THE COURT
ABOUT THE COURT
The Family Court of Australia, through its specialist judges and staff, helps Australians to resolve
their most complex family disputes.
The Family Court of Australia is a superior court of record established by Parliament in 1975
under Chapter III of the Constitution. It commenced operations on 5 January 1976 and consists
of a Chief Justice, a Deputy Chief Justice and other judges. The Court maintains registries in all
Australian states and territories except Western Australia.
GOAL
The Court’s goal is to deliver excellence in service for children, families and parties through
effective judicial and non-judicial processes and high-quality and timely judgments,
while respecting the needs of separating families.
Purpose
The purpose of the Court, as Australia’s superior court in family law, is to:
¡¡ determine cases with the most complex law, facts and parties
¡¡ cover specialised areas in family law, and
¡¡ provide national coverage as the appellate court in family law matters.
The core services of the Court are those that:
¡¡ are prescribed by legislation
¡¡ enable and support judges to determine cases, and
¡¡ meet duty of care requirements.
Vision
The Court’s vision provides for:
¡¡ putting children and families first in the design and delivery of services
¡¡ furthering functional family relationships after separation
¡¡ ensuring independence and impartiality in the judicial process
¡¡ having staff who are valued for providing quality service for families
¡¡ providing quality child dispute services for families, and
¡¡ being at the forefront of the development of services.
6 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
The Family Court of Australia is a superior court of record and deals with more complex matters.
These may include, for example:
¡¡ Parenting cases including those that involve a child welfare agency and/or allegations of
sexual abuse or serious physical abuse of a child (Magellan cases); family violence and/
or mental health issues with other complexities; multiple parties; complex cases where
orders sought would have the effect of preventing a parent from communicating with or
spending time with a child; multiple expert witnesses; complex questions of law and/or
special jurisdictional issues; international child abduction under the Hague Convention;
special medical procedures; and/or international relocation.
¡¡ Financial cases that involve multiple parties, valuation of complex interests in trust or
corporate structures, including minority interests, multiple expert witnesses, complex
questions of law and/or jurisdictional issues (including accrued jurisdiction) or complex
issues concerning superannuation (such as complex valuations of defined benefit
superannuation schemes).
The Court also has original jurisdiction under certain Commonwealth Acts, including the:
¡¡ Marriage Act 1961
¡¡ Child Support (Registration and Collection) Act 1988
¡¡ Child Support (Assessment) Act 1989
¡¡ Bankruptcy Act 1966.
Programs of work
To ensure the Court fulfils its stated purpose, it has four programs of work:
¡¡ maintaining an environment that enables judicial officers to make determinations
¡¡ provision of effective and efficient registry services
¡¡ corporate management of resources, and
¡¡ effective information and communication technologies.
The balance of family law work has evolved significantly over some years, with most family law
applications now filed in the Federal Circuit Court. This has enabled the Family Court to become
a smaller, more specialised court that generally deals with appeals and the most complex range
of family law cases. The complexity of the cases that are now before the Family Court inevitably
leads to lengthier trials and means matters are less likely to settle.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 7
02
OVERVIEW OF THE COURT
Jurisdiction
OVERVIEW OF THE COURT
02
PORTFOLIO BUDGET STATEMENTS OUTCOME AND PROGRAM
The Court’s outcome and program framework sets out its commitments to the Government.
Each year, details of the framework are outlined in the Portfolio Budget Statements, along with
relevant performance information. Government outcomes are the intended results, impacts or
consequences of actions by the Government on the Australian community. Agencies deliver
programs that are government actions taken to deliver the stated outcomes. Agencies are
required to identify the programs that contribute to government outcomes over the Budget
and forward years.
OUTCOME
The Family Court’s outcome is described below.
As Australia’s specialist superior family court, determine cases with complex law and facts,
and provide national coverage as the appellate court in family law matters.
PROGRAM
The Court has a single program under which all services are provided:
Provision of a Family Court.
The Family Court’s program objective is to support Australian families involved in complex
family disputes by deciding matters according to the law, promptly, courteously and effectively.
This involves:
¡¡ providing decisions in complex family disputes for separating Australian couples and families
through the determination of matters, and
¡¡ providing national coverage as the appellate court in family law matters.
DELIVERABLES AND KEY PERFORMANCE INDICATORS
The Family Court’s seven deliverables and eight key performance indicators encompass core
service standards for judicial services and client services (that is, the family law registries,
where people attend in person, and the National Enquiry Centre, the first point of contact for
telephone and email enquiries).
Following is a summary of the deliverables and KPIs. Detailed reporting, including specifics of
the Court’s effectiveness in achieving its planned outcomes in 2012–13—in other words, how far
it has progressed towards the achievement of these stated outcomes—is in Part 3 (see Table 3.1
for a summary of performance for judicial services and Table 3.3 for a summary for client
services’ performance).
8 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
02
Judicial services KPIs
Goal (total number for 2012–13)
Final order finalisations
3400
Interim order finalisations
3800
Consent order finalisations
10,700
Other finalisations
300
Registries and NEC deliverables
Goal (total number for 2012–13)
Counter enquiries (registries)
151,000
Telephone enquiries served (NEC)
287,600
Email enquiries (NEC)
50,300
Key performance indicators
Judicial services deliverables
Target
Clearance rate (final orders)
100 per cent
Cases pending conclusion that are less
than 12 months old
75 per cent
Reserved judgments are waiting less than
three months after the conclusion of the trial
75 per cent
Number of complaints as a percentage
of applications received
Registries and NEC KPIs
1 per cent across judicial and client services
Goal (total number for year)
Counter enquiries served within 20 minutes
(registries)
75 per cent
Applications lodged processed within
two working days (registries)
75 per cent
Telephone enquiries answered within
90 seconds (NEC)
80 per cent
Email enquiries responded to within
two working days (NEC)
80 per cent
Number of complaints as a percentage
of applications received
1 per cent across judicial and clients services
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 9
OVERVIEW OF THE COURT
Judicial services deliverables
OVERVIEW OF THE COURT
02
STRATEGIC INITIATIVES IN THE PORTFOLIO BUDGET STATEMENTS
The Court’s 2012–13 Portfolio Budget Statements identified a number of specific initiatives that
the Court would be progressing. Each of these is reported here.
HIGHLIGHTS
In 2012–13, the Court had six Portfolio Budget Statement strategic initiatives. Highlights include:
¡¡ revised Family Violence Best Practice Principles
¡¡ delivering service improvements through adoption of the International Framework for
Court Excellence
¡¡ growing eFiling usage, including a 44 per cent in registered users of the Commonwealth
Courts Portal and also a 44 per cent increase in eFiled documented in the courts
¡¡ quarterly meetings between the Federal Court, Family Court and Federal Circuit to
consider improved efficiency and effectiveness of shared resources across the three courts
¡¡ changes to the managing and funding of Commonwealth Law Courts buildings
¡¡ in response to budgetary pressures, looking at more options for reforms, including further
e-services reforms.
REVISED BEST PRACTICE PRINCIPLES FOR DEALING WITH FAMILY VIOLENCE
The best practice principles for dealing with family violence
were first developed as part of the Family Court’s Family
Violence Strategy in March 2009. The principles were initially
developed by the Family Court after significant changes
were made to the Family Law Act in 2006. In addition,
major amendments to the Act were introduced in 2012,
specifically related to addressing issues of family violence.
FAMILY
VIOLENC E
3.1
EDITION
2013
APRIL
BES T P RAC T I C E
P RI NC I P LES
The latest version of the Family
Violence Best Practice Principles,
released in October 2012.
The best practice principles are applicable in all cases
involving family violence or child abuse or the risk of family
violence or child abuse in family law proceedings before
the courts. Whilst they were developed to provide judicial
officers with practical guidance in dealing with matters
where family violence is alleged, the courts believe that these
principles are a valuable tool for all individuals and agencies
involved in family law cases, including legal practitioners
and self-represented litigants.
The third edition of the best practice principles was
launched at the family law conference in Hobart in October 2012 by the then Attorney-General,
the Honourable Nicola Roxon MP. At the launch, Chief Justice Diana Bryant AO said there had
been significant progress over recent years in enhancing the communication between those
who have a role in family law and in the protection of children.
10 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
¡¡ the harmful effects of family violence and abuse on victims
¡¡ the place accorded to the issue of family violence in the Family Law Act, and
¡¡ the principles guiding the Court’s Magellan case management system for the disposition
of cases involving allegations of sexual abuse or serious physical abuse of children.
The principles will guide and inform the Court in developing a new Family Violence Strategy
(2013–16), which will continue to provide a framework through which the Family Court will
consider its responses and develop its action areas in response to family violence.
The Family Violence Best Practice Principles is available on the Family Law Courts website at
www.familylawcourts.gov.au
INTERNATIONAL FRAMEWORK FOR COURT EXCELLENCE
During 2012–13, the Family Court progressed its adoption of the International Framework for Court
Excellence as a way of delivering improvements to the operation of the Court, including judicial and
registry services. In particular, during 2012–13 the Court undertook a number of initiatives aligned
to seven central elements of the framework as follows.
Court management and leadership
Given the Court’s workforce demographic and the likelihood of retirements within the next
five years, increased attention was given to succession planning and ensuring that the Court
has capacity for the future including at court administration leadership levels. As well, the Court
continued a CEO initiative targeted at younger employees ensuring that the Court benefits
from the ideas of the next generation and that they are engaged with the future of the Court
(see Initiatives—Young Employees Advisory Group—later in this Part of the annual report).
Court policies and planning
As Government policy became clear about the future structure of federal courts, the Chief Justice
determined that fresh strategic foundations must be made for a future plan to underpin the Court’s
unique place in the Commonwealth justice system. Accordingly, a committee of five justices was
formed to advise on such matters. The Committee, chaired by Justice Peter Murphy, will report
to Chief Justice in 2013–14 on areas in which the Court performs strongly and areas which
may require change. This work will be informed by the opinions of the court judiciary and the
administration and also feedback from court users such as barristers and lawyers.
Human, material and financial resource management
Corporate services are a fundamental foundation to the operation of the Court. A focus this
financial year was work with Government about a sustainable budget for the future. This work
contributed to the Court being awarded budget supplementation in 2012–13, pending a further
review in 2013–14 of all federal courts financial and operational arrangements.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 11
02
OVERVIEW OF THE COURT
The best practice principles recognise:
OVERVIEW OF THE COURT
02
Court proceedings
The Court has established an innovative approach to reviewing the performance of the Court
and the workload of the judiciary. Operational statistical snapshots have now become the
cornerstone of quarterly reviews of the work of the judiciary, of registrars, family consultants
and client services. They assist the Court in promoting discussion about improvements to
performance, more consistent approaches across the country and case management planning.
Client needs and satisfaction
Following a court user satisfaction survey of more than 1300 respondents including litigants
and lawyers, conducted in June and July 2011, the Court determined areas for improvement.
The survey results were encouraging with 86 per cent of those surveyed saying that they
were satisfied with their visit to court. Identified areas for improvement included form design,
the website, and better information to ensure more accurate expectations ahead of court
hearings including, for example, the time a court hearing might take. This initiative, directly
related to client needs and satisfaction, will now become a regular feature of the Court’s
assessment and improvement program.
Affordable and accessible court services
The Court continued to ensure that all registries are accessible to those with disabilities.
All property refurbishments were completed taking into account disability access regulations.
The Court continued to provide interpreters for those parties where language was identified
as a barrier to participation in court events and also examined opportunities for best practice
in support of interpreters in courtrooms.
An Australian Government fee review resulted in new fees, and in some cases increased fees,
for certain filings in the Family Court as part of the requirement to recover a greater percentage
of the costs associated with the jurisdiction. The reforms included fee waiver arrangements for
those who may have evidence of financial hardship.
Public trust and confidence
The Court has established, through its surveys of court users, that there is high level of trust
and confidence in the Court’s processes, staff and procedures. To ensure that the Court
continues to have the benefit of court user feedback in order that it can make responsive
adjustments to ensure needs are met, the court user satisfaction survey will be repeated in
2013–14 and feedback will be relied on to continually improve the Court’s administration and
case management.
The Court also promotes trust and confidence through its consultative culture and engagement
with stakeholders within Australia and internationally. These initiatives are detailed in this
annual report. The Court acknowledges the importance of engagement in a variety of forms and
in particular has responded to the evolution of new media. In this regard, the Court has been
a leader in initiating Twitter this financial year. The Chief Justice and Deputy Chief Justice also
regularly engaged with traditional media to provide observation and reflection upon the complex
issues affecting this jurisdiction.
The essential principle promoted by the Court in all these initiatives is transparency so that
public trust and confidence is continually enhanced.
12 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
The Commonwealth Courts Portal (www.comcourts.gov.au), launched in July 2007, is a continuing
initiative of the Family Court, the Federal Court and the Federal Circuit Court. The portal provides
free web-based access to information about cases that are before these courts.
After registering, lawyers and parties can keep track of their cases, identify documents that have
been filed and view outcomes, orders made and future court dates. Users log on using a single
user ID and access multiple jurisdictions from a single central web-based system.
A popular function is the ability for a user to elect to be notified of any recent activity on their files.
To date more than 80,000 such notifications have been sent. During 2012–13, the eCourt Forum
was implemented, allowing interaction between the courts and clients to enable procedural
matters to be heard without having to physically attend court.
There was a 44 per cent increase in the number of registered users of the Commonwealth Courts Portal in 2012–13.
eFiling functions continue to be expanded with eFiling of applications and responses in a
case implemented during the year. The development of eFiling of application for consent
orders will be completed in 2013–14. In addition, progress continued to be made with the
government-mandated timeline to attain compliance with version 2.0 Level ‘AA’ of the Web
Content Accessibility Guidelines by December 2014.
The following statistics highlight the significant growth in the number of portal users as at
30 June 2013:
¡¡ more than 4000 firms now registered (a 33 per cent increase)
¡¡ lawyer registrations have increased to over 8000 (a 33 per cent increase)
¡¡ total registered users exceed 118,000 (a 44 per cent increase), and
¡¡ more than 1900 distinct users had in total more than 71,000 logins during May 2013,
demonstrating the high proportion of return visitors.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 13
02
OVERVIEW OF THE COURT
COMMONWEALTH COURTS PORTAL
OVERVIEW OF THE COURT
02
Table 2.1 Registered users of the Commonwealth Courts Portal, 2009–10 to 2012–13
30 June 2010
30 June 2011
30 June 2012
30 June 2013
Number of law firms
registered
1279
2466
3280
4134
Number of lawyers
registered
2827
5026
6746
8370
24,073
57,602
85,332
118,108
Total registered users
Table 2.2 Documents eFiled in the Family Court and Federal Circuit Court, 2009–10 to 2012–13
2009–10
2010–11
2011–12
2012–13
1679
2353
4912
7121
18
166
501
802
1
19
109
136
9077
18,936
27,379
35,666
64
209
1076
1350
Canberra
643
1321
2004
2914
Coffs Harbour
114
286
863
1000
Dandenong
832
2217
5331
7594
Darwin
129
212
359
519
Dubbo
9
125
363
660
Hobart
85
210
562
700
Launceston
311
575
734
876
Lismore
174
418
1109
1672
Melbourne
4904
10,983
19,329
31,650
Newcastle
1046
2822
4724
6700
Parramatta
2029
5016
7736
11,101
374
444
746
1311
2870
6207
10,466
15,372
Townsville
634
1568
2115
2787
Wollongong
102
430
1444
2352
25,095
54,517
91,862
132,283
Adelaide
Albury
Alice Springs
Brisbane
Cairns
Rockhampton
Sydney
Total
In Western Australia there were 5460 documents eFiled during 2012–13.
14 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
HEADS OF JURISDICTION COOPERATION
02
Under the umbrella of fostering greater cooperation, the heads of jurisdiction (the Chief Justice
of the Federal Court of Australia, the Chief Justice of the Family Court and the Chief Judge of
the Federal Circuit Court) meet quarterly to discuss initiatives regarding improved efficiency
and effectiveness of shared resources across the three courts. The primary aim of the meetings
is to improve the overall effectiveness and efficiency of the scarce resources of the courts.
More information on heads of jurisdiction is provided in Part 6 (collaborative committees).
The Family Law Courts Advisory Group
The Chief Justice of the Family Court and the Chief Judge of the Federal Circuit Court,
along with two other judicial officers, the Chief Executive and an Attorney-General’s Department
representative meet quarterly to discuss the shared resources between the courts in the area
of family law. MANAGING AND FUNDING COMMONWEALTH LAW COURTS BUILDINGS
From 1 July 2012, there was a change
to the arrangements for funding
and managing Commonwealth
Law Courts (CLC) buildings.
Funding related to the non-office
areas (e.g. courtrooms, chambers and
public waiting areas) was transferred
from the tenants to allow the building
owner, the Department of Finance
and Deregulation, to take on greater
responsibility for managing these
areas, which comprise approximately
85 per cent of the CLC buildings.
During 2012–13, the Family Court and
Garfield Barwick Commonwealth Law Courts, Parramatta.
other tenants worked closely with the
Department to implement the new
arrangements and work will continue on this in 2013–14. The courts also worked closely with the
Attorney-General’s Department to develop a strategic plan for the ongoing occupancy of the CLC
buildings. That work was ongoing at 30 June 2013.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 15
OVERVIEW OF THE COURT
Heads of jurisdiction meetings
OVERVIEW OF THE COURT
02
BUDGETARY PRESSURES
Over recent years, the Family Court has undertaken significant initiatives to reduce costs and
generate efficiencies. Nevertheless, the Court is still facing financial pressures.
Throughout 2012–13, the Government continued to work with the Court to address these
pressures. This included the Court comprehensively examining options available to transform
its operations, including:
¡¡ working more closely with other federal courts as part of the recommendations from the
Skehill Review
¡¡ further developing and implementing a range of e-services reforms
¡¡ continuing to pursue options for sharing or sub-leasing buildings with states and territories,
with the aim of reducing property costs while maintaining presence and service levels in
regional locations, and
¡¡ a wide-ranging consideration to identify any other legislative and practical options to create
efficiency and/or reduce costs, some of which have already been identified.
OUTLOOK FOR 2013–14
In 2013–14, the following may have an impact on the Court and its delivery of services:
¡¡ positioning the courts to address ongoing budgetary pressures, particularly from
2014–15 onwards
¡¡ implementation of the recommendations contained in the Skehill report
¡¡ revised best practice principles for dealing with family violence, and
¡¡ ongoing work concerning the adoption of the International Framework for Court Excellence.
INTERNATIONAL COOPERATION
AUSTRALIA INDONESIA PARTNERSHIP FOR JUSTICE
Indonesian and Australian courts have
a long history of working together
to strengthen justice in Indonesia.
Funded by the Australian Government
through AusAID since 2008,
the partnership, under a court-to-court
Memorandum of Understanding
(MOU) between the Family Court and
the Supreme Court of Indonesia, has
enabled courts in both countries to
share experiences regarding access to
justice, enhance judicial capacity and
The MOU signing between the Family Court of Australia,
the Federal Court of Australia and the Supreme Court of
improve court business processes.
Indonesia in Brisbane in October 2012.
The cooperation and dialogue provides
opportunities for robust discussion
between courts in Indonesia and Australia, facilitating unique learning opportunities for courts in
both countries and assisting in the development of strategic solutions to issues facing the courts.
16 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
‘Despite differences (language, system of law, and political relations) the courts continue
to communicate and work productively and generate many important outcomes. The Chief
Justice considers that the strategic cooperation between the three courts needs to be
further strengthened based on (the two countries’) mutual interest and respect.’
Family Court of Australia Chief Justice Diana Bryant added:
‘The Family Court of Australia is pleased to continue its professional association with the
Indonesian courts. We have achieved amazing results by working together in areas as
diverse as case management, court administration, information technology, client services,
supporting marginalised and vulnerable litigants as well as access to justice for the poor.
Together we have witnessed incredible change in improving access to justice in a relatively
short period of time. I am particularly pleased with the international recognition that some
of our programs have received.’
The areas of cooperation between the Indonesian and Australian courts have been developed
in line with the Indonesian Court’s Blueprint for Reform 2010–2035, which is in accordance
with the Court Excellence Framework. The Blueprint addresses reform initiatives at the level
of the Indonesian Supreme Court and the jurisdictions that it supervises (the General Courts,
Religious Courts, Administrative Courts and Military Courts).
In 2012–13, the following key areas of cooperation were progressed:
¡¡ Affordable and accessible court services (mediation)—in 2012, the Supreme Court of
Indonesia and the Family Court worked on improving court services and proceedings in
Indonesia through capacity building of mediation techniques. The focus of the cooperation
was on promoting a mediation process in family law cases that is effective, efficient,
sensitive to court user needs (especially women, children and persons with disabilities)
and encourages timely decision making in relation to family law cases, child custody and
division of assets.
In 2013–14, the two courts will be working together to refine and develop a more tailored
mediation procedure for family matters, including policy development, capacity building and
monitoring and evaluation.
¡¡ Affordable and accessible court services (fee waivers, circuit courts and duty station lawyers)—
the Family Court and the Supreme Court of Indonesia have worked together to strengthen the
delivery of affordable and accessible court services in Indonesia for a number of years. This has
included producing a baseline survey in the field of family law and birth certificates conducted in
the General and Religious Courts (2007–2009). This measured client satisfaction with the family
court services provided and the ability of women living under the Indonesian poverty line to access
the courts for their family law matters.
In 2013–14, the cooperation will continue to focus on enhancing and broadening access to the
courts in family matters (such marriage, divorce and birth certificates) for women, the poor,
those living in remote areas and other marginalised groups. This will include continuing to
strengthen delivery of services to the justice seeker through court fee waivers, circuit court
hearings and legal aid posts in courts, as well as to socialise the existence and the benefits
of these services.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 17
02
OVERVIEW OF THE COURT
The Chief Justice of the Supreme Court of Indonesia, the Hon Dr M. Hatta Ali, SH, MH, stated at
the signing of the MOU in 2012:
OVERVIEW OF THE COURT
02
¡¡ Affordable and accessible justice in family law services (realising rights)—the Family Court
and the Supreme Court of Indonesia are committed to broadening public understanding of
the importance of accessible and affordable family law services for all Indonesian citizens.
Previous research and knowledge products have informed court policy and budget decisions
contributing to significant increases in the number of women, the poor and those living
in remote areas accessing the Religious Courts. These reports have been read within
Indonesia and internationally and presented as best practice in the 2011 Report of UN
Women: In Pursuit of Justice and the 2012 World Development Report: Gender Equality and
Development. In 2012–15, the Family Court will work with the Supreme Court on the use of
international practices to document such initiatives as well as facilitate the publication and
dissemination of such through its international networks.
During 2012–13, the Family Court worked with the Supreme Court of Indonesia on documenting
the improved access to the Indonesian courts over the last three years and the benefits to
Indonesian citizens of legal birth, marriage and divorce certificates for accessing government
services and poverty alleviation programs.
ZIMBABWE
In 2012, the Family Court in conjunction with the College of Law NSW, under an Australian
Leadership Award (ALA) program funded by AusAID, organised and hosted a two week
capacity-building program for a delegation of family law stakeholders from Zimbabwe.
Representatives included Fellows from the: High Court of Zimbabwe; Judicial Service
Commission (Supreme Court and Magistrates Courts); Ministry of Women Affairs, Gender and
Community Development; Ministry of Justice and Legal Affairs; University of Zimbabwe,
Southern and Eastern African Regional Centre Women’s Law; Justice For Children Trust;
Zimbabwe Women Lawyers; Women and Law in Southern Africa Research and Education
Trust; Progression and HIV and AIDS Management and Support Organisation; Ministry of
Labour and Social Services; UNICEF and the Council of Chiefs.
The ALA program aimed to strengthen access to the family law courts for disadvantaged groups
by identifying ways in which to strengthen the delivery of family law services to women, children
and persons with a disability. The program identified a process for establishing a baseline set of
data on the delivery of family law services in Zimbabwe and the barriers faced by disadvantaged
groups in accessing family law courts. Through discussions with the Family Court, Legal Aid
Victoria and other relevant Australian partner organisations, the Fellows developed proposed
solutions and approaches to overcome the identified access to justice barriers and to strengthen
the delivery of family law services to the above disadvantages groups. These approaches were
then incorporated in the Return To Work Plans for ALA fellows.
ACCESS TO JUSTICE IN FAMILY LAW IN THE PACIFIC WORKSHOP
With support from AusAID, with an International Seminar Support Scheme (ISSS) grant,
the Family Court hosted a two-day workshop in the Sydney registry in March 2013.
The goal of the meeting, held at the conclusion of the World Congress on Family Law and
Children Rights, was to facilitate discussions among Pacific judicial leaders on the role of
the family law courts in the Pacific for ensuring better access for women, children and other
disadvantaged groups to resolve their family law and family violence cases. The workshop
included the role and contributions that can be made by civil society partners, legal aid lawyers,
18 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
PACIFIC REGIONAL CONSULTATION
The Pacific regional consultation for judges on human rights and contemporary pacific issues,
organised and facilitated by the Secretariat of the Pacific Community (SPC), was held in Brisbane
in June 2013. Justice Michael Kent, the Queensland Case Management Judge, hosted and
facilitated discussions among the Pacific judicial leaders on the role of the courts, particularly
family law courts, toward ensuring better access to the courts for women, children and other
disadvantaged groups in the area of family law and family violence cases.
The delegation consisted of representatives from the Cook Islands, Fiji, the Federated States
of Micronesia, Kiribati, the Marshall Islands, Nauru, Palau, Papua New Guinea, the Solomon
Islands, Samoa, Tonga and Tuvalu.
BHUTAN
With assistance from the Australian
Department of Foreign Affairs,
the Family Court and Federal Circuit
Court hosted a one-week judicial
delegation from Bhutan during
March 2013. The visit included
Canberra and Sydney with site visits
to the Family Court, the Federal Circuit
The Bhutanese delegation during their visit to the Canberra
Court, the Federal Court, the High Court
registry in March 2013.
of Australia, the Judicial College of
Australia, the Supreme Court and the District Court of NSW and the University of Sydney.
The objective of the visit was to establish institutional linkages and peer-to-peer exchanges,
to expose Bhutanese justices and judges to the judicial and administrative systems underpinning
the rule of law in Australia and also to the work practices of the various courts within Australia.
INTERNATIONAL VISITORS
In addition to the above, the Court’s work continued to be recognised internationally.
Official visitors also attended from Cambodia, China, Japan and Malaysia, looking at different
aspects of the Court’s work.
Appendix 11 contains more information about each of the delegations.
COURT SERVICE LOCATIONS
There are 19 family law registries across Australia (except in Western Australia). Registries
provide services to the Family Court and the Federal Circuit Court. These services include lodgement
of documents, providing procedural advice and responding to enquiries, mail handling, and listing
of cases. The Court also conducts circuits to regional areas. For details on circuit listings, go to the
Court lists section on the Family Court of Australia website at www.familycourt.gov.au.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 19
02
OVERVIEW OF THE COURT
the judiciary and relevant government agencies to increase opportunity for access to justice for
women, children and other disadvantaged groups. The meeting involved judicial leaders from
the three Pacific sub-regions: Micronesia, Melanesia and Polynesia.
OVERVIEW OF THE COURT
02
Table 2.3 Family Court of Australia service locations
AUSTRALIAN CAPITAL TERRITORY
Canberra (J, R, FC, CS)
NEW SOUTH WALES
Albury (CS, RC), Armidale (RC, FamC),
Coffs Harbour (JC, RC), Dubbo (CS, JC, RC, FC),
Lismore (CS, JC, RC), Newcastle (J, R, FC, CS),
Orange (JC), Parramatta (J, R, FC, CS),
Port Macquarie (RC), Sydney (J, R, FC, CS),
Tamworth (RC), Wollongong (R, CS)
NORTHERN TERRITORY
Alice Springs (CS), Darwin (CS, JC, RC, FC)
QUEENSLAND
Brisbane (J, R, FC, CS), Cairns (R, FC, CS, JC),
Mackay(JC,RC,FamC),Rockhampton(CS,JC,RC,FamC),
Townsville (J, R, FC, CS),
SOUTH AUSTRALIA
Adelaide (J, R, FC, CS)
TASMANIA
Devonport (RC), Hobart (J, R, FC, CS),
Launceston (CS, FC, JC, RC, FC),
VICTORIA
Ballarat (RC), Bendigo (RC), Dandenong (R, FC, CS),
Geelong (RC), Hamilton (RC), Melbourne (J, R, FC,
CS), Mildura (RC), Morwell (RC), Shepparton (RC),
Warrnambool (RC)
LEGEND
J – Judge
R – Registrar
FC – Family Consultant
CS – Client Services
JC – Judicial Circuit
RC – Registrar Circuit
FamC – Family Consultant Circuit
20 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
OVERVIEW OF THE COURT
02
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 21
OVERVIEW OF THE COURT
02
INITIATIVES OF THE FAMILY COURT
CLIENT SERVICE HIGHLIGHTS
¡¡ Family Violence Best Practice Principles updated.
¡¡ Recommendations on improvements specifically required for Aboriginal and
Torres Strait Islander clients.
¡¡ Better queuing systems in the five busiest registries.
¡¡ A wide range of community relationship and engagement initiatives at the local
registry level.
¡¡ All family report writers, whether on staff or not, now must have the same professional
qualifications and prior experience of working with families and children.
REPORTS AND PUBLICATIONS
Family Violence Best Practice Principles – third edition
Chief Judge John Pascoe, Justice Judy Ryan, Chief Justice Diana Bryant and former Attorney-General
Nicola Roxon, at the launch of the Family Violence Best Practice Principles in Hobart in October 2012.
The third edition of the Family Violence Best Practice Principles was launched at the family law
conference in Hobart in October 2012 by the then Attorney-General, the Honourable Nicola Roxon
MP. At the launch, Chief Justice Diana Bryant AO said there had been significant progress over
recent years in enhancing the communication between those who have a role in family law and in
the protection of children. The best practice principles are applicable in all cases involving family
violence or child abuse or the risk of family violence or child abuse in family law proceedings
before the courts.
See the Portfolio Budget Statements Strategic Initiatives earlier in this part for more detail.
22 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
In July 2012, the courts’ administration released a statement
of strategic intent, outlining the challenges, directions
and priorities of the courts’ administration for 2012–13.
The Statement built on the work already achieved after the
merger of the separate administrations of the Family Court
and the Federal Circuit Court in 2009.
STATEMENT OF
STRATEGIC
INTENT
for the Family Court of Australia & Federal Circuit Court of Australia Administration
In the document foreword, the Chief Executive Officer,
Richard Foster, noted that the courts’ administration operates
in an environment of change, with increasing expectations
from court users. ‘We have a critical role in shaping and
defining service delivery and we pride ourselves on delivering
timely, high quality, cost effective support to the Family Court
of Australia and Federal Circuit Court of Australia.’
Mr Foster acknowledged that there were significant challenges,
including ongoing financial pressures, the Government’s desire
for closer sharing of corporate resources and the continued
pressure on staff to do more with less.
The Statement of Strategic Intent
outlines the challenges,
directions and priorities of the
courts’ administration for 2012–13.
The Statement noted that clients have told the courts that they want:
¡¡ ease and simplicity in procedure, policy and system
¡¡ information that is understandable and accessible
¡¡ timeliness
¡¡ assistance
¡¡ respect for privacy, and
¡¡ a safe environment.
Priority actions for 2012–13 included:
¡¡ implementing ongoing savings measures in support of the courts’ agreed budget position,
including possible restructure of the service model and/or funding arrangements
¡¡ continued development of a unified corporate service to support the courts
¡¡ exploration of any opportunities to share or restructure corporate services with the
Federal Court
¡¡ completion, integration and adoption of operational data for the judiciary, registrars,
family consultants and client services to inform case management planning in accordance
with the Court Excellence Framework (see Initiatives for more about the Framework)
¡¡ advancing ‘transformational’ opportunities through the development of an ‘electronic court
file’ including the development of an electronic divorce file and process
¡¡ implementing agreed recommendations resulting from the Dandenong Project, a pilot
program at the Dandenong registry in 2010–11 that sought to identify and pilot innovative
ways to provide better access to justice for family law clients, and any other relevant
evaluations and pilots to advance higher quality approaches in family law parenting cases
¡¡ implementing changes to process, practice and procedure arising from the family violence
amendments
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 23
OVERVIEW OF THE COURT
02
Statement of Strategic Intent
OVERVIEW OF THE COURT
02
¡¡ advancing and integrating the seven key areas in the Court Excellence Framework
¡¡ considering and implementing change in response to the 2011 family law user satisfaction
survey so that the courts are continually reviewing and improving our services for court
user value
¡¡ working with the Federal Court to ensure appropriate services and facilities are available
for general federal law matters
¡¡ reviewing the application of the Staff Development Fund to ensure it is effectively deployed
to key learning and development opportunities for staff, and
¡¡ continuing to explore accommodation options for Federal Circuit Court judges in the Sydney
central business district.
At 30 June 2013, significant progress had been made on the majority of the above priorities and
work was ongoing. That ongoing work included, for example, a targeted and tailored training
program to better equip staff to meet the challenges. Other initiatives, such as the Court
Excellence Framework, are reported elsewhere in this report. Also at 30 June 2013, the Strategic
Intent document was being updated to reflect the implementation of the new joint agency.
From 1 July 2013, the administration of the courts will be formed into one body known as the
Family Court and Federal Circuit Court.
Indigenous Australians access to and usage of the Family Law Courts
A study of Indigenous Australians access to and use of the
Family Law Courts was completed in 2012–13. The study,
commenced in 2010, looked at issues associated with access
to justice and recommended steps towards improved service
delivery in the Family Law Courts. It compared the experiences
and perceptions of Indigenous Australians, who had
recently litigated in the Family Law Courts, with those of a
representative sample of non-Indigenous Australians.
A study of Indigenous Australians’
access to and use of the Family
Law Courts.
The study was initiated by the Indigenous Working Group,
chaired by Justice Robert Benjamin. Stephen Ralph,
an independent Aboriginal consultant with extensive
experience working with Aboriginal and Torres Strait
Islander families in the area of family law, undertook the
study, seeking the views and experiences of Aboriginal
and Torres Strait Islander families who had recently been
involved in family law proceedings.
The major findings of the review were reported in last year’s
annual report. In addition to those findings, which can be viewed in the final report, available on
the Family Law Courts website at www.familylawcourts.gov.au, six recommendations were made:
24 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
It is recommended that an evaluation be undertaken of the accessibility of family dispute resolution
services to Aboriginal and Torres Strait Islander families, with a focus on the effectiveness and
appropriateness of services as they are currently delivered to Indigenous families.
Recommendation 2: Information systems and data collection
It is recommended:
2.1 That the courts’ Casetrack system be enhanced to allow for the recording of Indigenous
status as ‘unknown’ and that it be mandatory for the field of Indigenous status to be completed
in entering data into Casetrack.
2.2 That all family consultants and registrars be directed to inquire into the Indigenous status
of all clients on the first occasion of contact when Indigenous status is marked ‘unknown’ in
Casetrack, and that they then be responsible for amending the Casetrack record accordingly.
2.3 That the Family Law Courts consider conducting court user surveys every two years, and that
the survey be enhanced to promote and facilitate follow-up with Indigenous clients as part of an
ongoing process of continuous improvement directed to facilitating.
Recommendation 3: A coordinated registry-based team approach to managing and determining
Indigenous cases
It is recommended that the courts adopt a coordinated, registry-based team approach to managing
and determining Indigenous cases using judges, registrars, family consultants and client service
officers who through ongoing professional development are encouraged and supported in
developing expertise in working with Indigenous families.
Recommendation 4: Judicial education and training
It is recommended that a limited number of judicial officers be nominated in each registry
to undertake Indigenous cultural competency training with the expectation that these officers
will be routinely allocated Indigenous cases in the future.
Recommendation 5: Training and professional development of family consultants
It is recommended that a limited number of family consultants be nominated in each registry to
undertake Indigenous cultural competency training with the expectation that these consultants
will be routinely allocated Indigenous cases in the future.
Recommendation 6: The development and establishment of court support for Indigenous families
It is recommended that the Commonwealth Attorney-General’s Department investigate through
consultation with all relevant stakeholders the establishment and funding of a viable and
sustainable program of court support for Indigenous families involved in family law litigation.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 25
02
OVERVIEW OF THE COURT
Recommendation 1: Family dispute resolution services
02
CLIENT SERVICES
OVERVIEW OF THE COURT
New queuing system
New ticket-based queuing systems were installed at the Parramatta, Dandenong, Melbourne, Brisbane and
Sydney registries in October 2012.
In October 2012 a ticket-based queuing system was installed at the Parramatta, Dandenong,
Melbourne, Brisbane and Sydney registries, replacing the previous queuing system. When clients
enter these registries, they are greeted with a touch screen kiosk giving them a set of options
from which to choose. Once the client is issued with a ticket, the queue management system
allows specialists in different areas to manage certain enquiries, facilitating shorter wait times
and more efficient service.
Whilst feedback from clients has not been formally sought, there has been positive comment
about the ability to ticket the subpoena and file view area at the Melbourne registry. This has
resulted in a more orderly flow of clients. From a staff perspective, the new system is beneficial
in various ways. The training and helpdesk support have been commented upon favourably.
Overall, the new system is seen to have benefited not only staff but also clients and other
court users by way of its improved functionality and reliability. Now waiting clients can see for
themselves how long they might need to wait and staff can re-allocate client services staff to
areas of higher demand at any given time.
Sydney Family Law Settlement Service
The Sydney Family Law Settlement Service pilot commenced in May 2012 and concluded
in December 2012. It was a joint initiative of the Law Society of New South Wales, the
New South Wales Bar Association, the Family Court and the Federal Circuit Court.
The pilot aimed to settle as many family law property matters as possible without a court hearing
(trial), thus avoiding the cost and time of a fully defended hearing and reducing the number
of cases awaiting final hearing in the courts. The Law Society facilitated the coordination and
administration of the service. Practitioners who were experienced in mediating in family law
matters and who were on the Law Society’s and NSW Bar Association’s mediation panels were
engaged to conduct the mediations.
26 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
At 30 June 2013, evaluation of the pilot was continuing, however the known results indicate it was
well received and has potential for the future. Discussions were underway about refinements that
might be made to the model, should it be continued in the future.
Of the initial 148 matters, 89 were subsequently referred to the service for mediation. Thirty-five
matters were deemed not suitable following representations by the parties and further
examination and the remainder either settled or discontinued prior to referral to the service or
were privately mediated.
Of the 89 matters referred to the service, 26 matters (29 per cent) settled at the mediation
through the service and 15 (17 per cent) settled prior to the mediation. Thus, a total of 41 matters
(46 per cent) of the matters referred to mediation settled. Less than half of the matters (39 of the
89 or 44 per cent) referred to the service progressed through to a court hearing and many of
those were of reduced length due to partial settlement or narrowing of issues at the mediation.
At 30 June 2013, the other nine of those 89 were still in some form of action, either mediation
was ongoing or other reporting back was yet to happen or the status of their settlement was yet
to be reported.
Given the success of this initiative, it is likely that the service will continue in the Family Court and
Federal Circuit Court in Sydney.
Community relationships and consultation
The 19 registries and another 33 circuit locations are the face of the Family Court and the
Federal Circuit Court—the place where people have in-person contact with the courts.
They directly complement the work of the National Enquiry Centre as the first point of contact
for telephone and email calls.
The impressions and experiences that people have with these interactions is of great importance
to the courts and is an area for continuous improvement. Part of that continuous improvement is
a program of activities at all registries that, varyingly, encompass what might be broadly termed
community relationship building, consultation, information giving and receiving, education
(both by the courts and of the courts by other courts, organisations and individuals) and other
in-person interactions. At the core of these activities is the importance that the courts place on
our work being a part of the much broader system of support for families and children: that to
be most effective in service delivery, the courts need to work closely with other providers,
with organisations representing the interests of clients, and others.
Much of this work is best done at the local level. These interactions with each registry’s local
communities—with community-based organisations concerned with family support and the
family law system, community forums, law societies, family law pathway networks, volunteer
networks, other government agencies, including many at the State level—are something that
the Court has been reporting in some detail in recent years in an appendix to the annual report.
What the reporting shows is that different registries take different approaches, reflecting local
needs and opportunities, and capacity for action.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 27
02
OVERVIEW OF THE COURT
A total of 148 Sydney and Wollongong property matters were selected as suitable to participate
in the service, being matters for which a conciliation conference had been held but excluding
cases, for example, with allegations of family violence. Parties were invited to voluntarily agree to
attend the service and, where consent was not given by both parties, a judicial officer considered
whether any orders should be made that the parties attend the service.
OVERVIEW OF THE COURT
02
The breadth of the activities, many with innovative outcomes that cross the divides of
Commonwealth and State legislative frameworks and what might be other forms of barriers,
are such that some are highlighted here:
¡¡ The Victorian Department of Human Services now has senior child protection practitioners
co-located in the Melbourne and Dandenong registries. This initiative aims to help address
long-standing concerns about what has sometimes been a disconnect between the roles
of the courts and of the state services for child protection. The aim of the initiative is
to better meet the needs and interests of children who are at risk by enabling effective
collaboration and sharing of information between the Department, the Family Court and
the Federal Circuit Court.
¡¡ In South Australia, the courts and Families SA have a protocol and local practices about
the exchange of information between Families SA and the Family Law Courts. The aim
is a more holistic approach to dealing with children’s matters; also judicial forums to
facilitate discussion of matters relating to Magellan, family violence and child abuse,
child development and other general issues with a family law and child protection interface.
¡¡ In Queensland, the benefits of eFiling were promoted strongly again and by 30 June 2013,
Queensland had 35,666 documents eFiled, the most of all registries. The Melbourne registry
had the most significant increase in documents eFiled—31,650 in 2012–13 compared to
19,329 the previous year. Similarly other registries had strong growth, although total numbers
are lesser. The growth comes out of concerted efforts by local staff to promote the benefits
of eFiling to the legal profession.
¡¡ In Sydney, as with other registries, presentations and other forms of interaction with diverse
groups were a regular activity. For example:
–– family consultants attended Saturday ‘road shows’ for information and consultation with
Aboriginal communities in various areas, with more planned in 2013–14.
–– ‘Dads in Distress’ representatives attended a Child Dispute Services team meeting for
information sharing.
–– A local Rabbi provided information about Jewish marriage and divorce, with the registry
now considering meeting with representatives of other cultural/religious backgrounds.
–– The Family Law Early Intervention Unit (EIU) is a state-wide specialist service of Legal Aid
NSW, funded under the National Partnership Agreement on Legal Assistances Services.
The EIU provides:
ŸŸ outreach advice and assistance to people with family law problems in a range of
locations, neighbourhood centres and Aboriginal Legal Services in suburban and
regional and rural NSW
ŸŸ lawyer assisted dispute resolution including the Court Ordered Mediation Pilot, and
ŸŸ duty lawyer services in Parramatta registry (commenced 27 March 2011),
Sydney registry (commenced 1 July 2011) and Newcastle registry (commenced
1 July 2011), with the aim of increasing access to earlier, expert legal assistance
for self-represented individuals seeking legal help. The service provides an increased
number of available hours, more staff and a broader remit, which has enabled a
substantial increase in the volume of duty matters dealt with at family law registries.
Appendix 9 includes more detail.
28 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
In addition to 80 court-employed family consultants providing services to Family Law Courts’
clients, the Court appoints non-staff family consultants (known as Regulation 7 family
consultants) to prepare family reports when a court-employed consultant is not available. At any
one time the Court may have as many as 151 Regulation 7 family consultants available to provide
family reports, as required.
A major area of focus during 2012–13 was on quality assurance associated with the work of the
Regulation 7 family consultants. The Court has upgraded the minimum professional requirements
for non-staff family consultants and has also significantly increased the requirements and
opportunities for support, professional development and feedback for the Regulation 7
family consultants.
The work is a direct result of feedback received in 2011 in a review of the Family Law Child
Dispute Services management structure. At that time, a number of submissions included
opinions about quality assurance models within the courts, including the quality of reports
made by Regulation 7 family consultants. That review found that there needed to be a more
consistent approach applied across the courts.
In early 2012, the Principal Child Dispute Services established a working group to advise and
make recommendations on future minimum requirements that would support a quality assurance
framework for Regulation 7-appointed family consultants. In December 2012, a discussion paper
proposed various recommendations to achieve this, which was accepted by the courts. The intent is
that the professional standards required of court-employed family consultants apply to anyone who
is appointed as a Regulation 7 family consultant.
All but one of the recommendations had been implemented at 30 June 2013. The remaining one,
for mandatory induction prior to any reports being allocated, was being actioned. It required the
review of the four modules of induction and that work was well progressed, with it expected that
this final recommendation would be fully implemented by mid-July 2013.
The recommendations, in summary, require Regulation 7-recruited family consultants to have the
same professional psychology or social work qualifications as court-employed family consultants
(irrespective of rural or metropolitan location) and a minimum of five years post-graduate experience,
working with families and children. Appointments will be for three years, with reappointment to be an
automatic and administrative process.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 29
02
OVERVIEW OF THE COURT
Upgraded quality assurance for non-staff family consultants
02
In addition, the following recommendations are now included in the courts’ professional directions
on Appointment and Use of Regulation 7 Family Consultants, requiring that Regulation 7 family
consultants:
OVERVIEW OF THE COURT
¡¡ complete induction before any family reports are allocated and for new appointees without
prior court-based experience, a number of their first written family reports will be reviewed
by the Senior Family Consultant. Further allocations will depend on the quality of the reports
and the willingness of the Regulation 7 family consultant to respond to feedback. There may
be scope for online peer discussion forums for newly appointed Regulation 7 family
consultants
¡¡ ensure the currency of their professional knowledge and access to appropriate supervision;
also comply with the requirements of professional registration and continuing professional
development
¡¡ must be informed about training opportunities (within the courts and externally provided)
and available peer support networks, and have access to various online tools and information
from the courts
¡¡ may receive formal feedback from judicial officers via the Principal Child Dispute Services
and/or regional coordinators, obtained via judgments. Informal feedback, spontaneously
initiated and provided by judicial officers is also possible
¡¡ as a quality assurance minimum, have a number of their family reports evaluated every
12 months; also their individual adherence to policy and practice requirements will be
evaluated. This includes a review of their timeliness in submitting reports. Feedback from
judicial officers, lawyers/independent children’s lawyers and available judgments about the
work of Regulation 7 family consultants (reports or cross examination) will be considered, and
¡¡ will be subject to a complaints process that is consistent with internal family consultant
policy and processes.
In addition, the Regulation 7 family consultants now have improved access to the Family Court
and Federal Circuit Court’s information systems, including for training and development,
policy and practice guidelines, key research materials and judgments and access to the
Commonwealth Courts Portal.
Client Service Senior Managers’ Group
Chaired by the Executive Director Client Services, the Client Service Senior Managers’ Group
(CSSMG) comprises registry managers and registry and judicial service managers from the
Family Court and Federal Circuit Court. The group aims to identify and implement ways to
continually improve service delivery across the courts by streamlining procedures, ensuring
consistency in work practice, providing better information and enhancing client contact with
the courts.
The group meets by videolink six-weekly and uses the Family Law Courts’ Connections
technology through a CSSMG community. Through this community members can discuss
issues, provide reports, post blogs and upload files for discussion within the group.
30 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
¡¡ the simplification of the document request form to assist clients seeking copies of orders or
divorce certificates
¡¡ the development and implementation of procedures to support the changes to the fees
regulations, which included some new areas such as conciliation conferences
¡¡ the intranets and the creation of a client service wiki to ensure staff have access to the most
up-to-date procedural information
¡¡ the review and refinement of the processes to support the family violence amendments
introduced in 2012, and
¡¡ the ongoing exploration of eFiling procedures to ensure that the most efficient use of the
technology is being implemented in response to the growth in eFiling.
STAFF RECOGNITION
Young Employees Advisory Group
The 2013 Young Employees Advisory Group.
The courts’ Young Employees Advisory Group provides young employees with the opportunity to
participate in a national development forum, to increase the engagement of young employees
within the courts and to provide a platform to contribute ideas to the future business operations
of the courts. The 2013 Young Employees Advisory Group is the fourth such group and represents
staff under the age of 27 years.
This year the group consists of 17 members including representation from judicial support,
administrative and corporate staff from the Family Court of Australia and Federal Circuit Court
of Australia (with family law and general federal law represented). The group also includes two
employees from the ACT courts for the first time.
As part of the program participants are required to identify and develop projects that will benefit
the courts. This year four project groups have been formed to develop the projects identified by
the broader group. Each project group is sponsored by a senior executive staff member who
will assist in managing the projects. The group has met in Melbourne and Canberra and will
meet again in September in Sydney prior to meeting in Canberra for the final presentation of
the projects to the CEO’s Management Advisory Group in November.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 31
02
OVERVIEW OF THE COURT
CSSMG was involved in several priority projects during 2012–13 including:
02
The four projects have a ‘business’ or ‘people’ focus.
OVERVIEW OF THE COURT
Four projects
Clear clicking
Self-represented litigant perspective
Aspire
Employee performance and recognition
Simplify the pathway for self-represented
litigants on the courts’ websites to provide
clarity in respect to forms and procedures
when commencing proceedings.
Develop a staff recognition program that
is offered quarterly on a regional basis.
Business benefit: Easier access to
information for litigants and reduced
strain on court staff.
MEMBERS
¡¡ Ebony Fenner (NEC)
¡¡ Katherine Garaty (FCC Sydney)
¡¡ Sophie Fitzgerald (FCoA Hobart)
¡¡ Dan Snow (FCoA Melbourne)
¡¡ Rosemary Brett (FCC Sydney)
PROJECT SPONSOR
Janelle McLoughlin
(National Communications Manager)
Appreciating
Strong
Performance &
Innovation by
Recognising
Employees
Business benefit: increased staff engagement,
retention and productivity and enhancement
of the courts’ reputation as an employer of
choice.
MEMBERS
¡¡ Clare McFadden (NSO Canberra)
¡¡ Sarah Dupe (ACT courts)
¡¡ Leah Reid (FCoA Sydney)
¡¡ Nina McKeon (NSO Canberra)
¡¡ Elizabeth Pane (FCoA Melbourne)
PROJECT SPONSOR
Claire Golding
(Manager Human Resources)
32 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
Self-represented litigants
Stopping the DIY confusion
Education and exchange
Innovation and excellence
Produce a video aimed at guiding
self-represented litigants through court
processes particularly in respect to the
service of court documents.
An exchange program which involves the
exchange of staff between the Federal Circuit
Court, Family Court and state courts to be
piloted in the Canberra registry.
Business benefit: timely access to
information that is relevant to current
court issues, in line with existing digital
strategies and aligned with the Court
Excellence Framework.
An education program designed to provide
university students with the opportunity to
be mentored by the judiciary, gain an insight
into courts and the decision making process.
The group is working toward having this run
as a pilot program in the Melbourne registry
MEMBERS
¡¡ Sally Bastick (FCC Hobart)
Business benefit: improved capacity to
engage, retain and attract employees.
¡¡ Jillian Morrison (FCC Parramatta)
¡¡ Raphael May (FCoA, Melbourne)
MEMBERS
¡¡ Jaime-Lee Simons (NSO Canberra)
PROJECT SPONSOR
¡¡ Jasmine Purches (FCoA Melbourne)
Denise Healy
(Media and Public Affair Manager)
¡¡ Stephanie Page (FCC Parramatta)
¡¡ Sienna Moore (ACT courts)
PROJECT SPONSOR
Jane Reynolds
(Regional Registry Manager Victoria/Tasmania
and Manager Court Excellence)
International Day of People with a Disability
Court staff celebrate the 20th anniversary of the
International Day of People with Disability.
On 3 December 2012, staff of the
courts came together for lunch via
video conference to celebrate the
20th anniversary of the International
Day of People with Disability. The day
is a United Nations sanctioned day
aimed at promoting greater
understanding of people with disability
and to encourage support for their
dignity, rights and wellbeing.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 33
OVERVIEW OF THE COURT
02
Four projects
02
INFORMATION TECHNOLOGY
OVERVIEW OF THE COURT
Court launches Twitter
the Family Court
is on twitter
@FamilyCourtAU
FOLLOW US for updates on
the latest news, information,
services and judgments.
The Court’s Twitter account was launched in October 2012.
Twitter_businesscard_draft.indd 1
In October 2012, the Family Court
launched a Twitter pilot (@FamilyCourtAU)
at the Family Law Conference in Hobart.
Following the pilot’s success, the Chief
Justice approved the ongoing use of
Twitter as a social media channel.
At 30 June 2013, the Court had 530 Twitter
followers. With the development and
implementation of a Twitter marketing
plan in 2013, this is expected to increase.
2/10/2012 15:57:54
‘…I think you do a good job getting information out which would otherwise be released on
the website. I have spoken to several family lawyers who follow the Family Court twitter feeds.
The commentary is positive. It helps to stay connected.’ Journalist
Upgrade of Connections
Connections is a set of software applications introduced in 2012 to assist staff to communicate
and collaborate in their day-to-day work, regardless of their physical location.
In February 2013 the courts upgraded Connections to provide a more usable cleaner look,
new features and improved functionality. The new features provide greater capacity to share,
recommend and follow information as well as improving the methods staff can use to work
in remote teams, generate discussions, ideas and collect feedback.
At 30 June 2013, there were 128 communities within the courts. The objectives of the
communities include sharing information, communicating initiatives such as Harmony Day,
planning activities and projects and reviewing and improving procedures.
Plans for the future include integrating the profiles, wikis and blogs applications with the courts’
intranets to make better use of these applications and increase their accessibility. This should
make it easier for staff to collaborate and communicate on projects and strategies that are
undertaken to improve services to the community.
New videoconferencing software
New infrastructure to support video conferencing was implemented across the courts in the
second half of 2012–13. The equipment allows video conferences between registries to be
conducted for free. This is possible because the video conference content is now being carried
over the courts’ data network instead of expensive external ISDN lines.
The new video conference portable units offer high quality video and sound. The uptake of video
conferencing has increased rapidly for inter-registry links, as managers are finding this a more
effective and cheaper solution for multi-site meetings, rather than the traditional telephone
conference calls or travel.
34 FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013
MERGED COURTS’ ADMINISTRATION FORMALISED
In March 2013, the Courts and Tribunals Legislation Amendment (Administration) Act 2012
was given assent. Amongst other things, it provided for the administration of the Family Court
and the Federal Circuit Court to merge. The change takes place from 1 July 2013 and formalises
arrangements that have been in place for some years, including for there to be a single
Chief Executive Officer for both courts. The single agency is to be known as the Family Court
and Federal Circuit Court. It does not affect the judicial operations of either court. The courts
administration made the necessary changes to support this in the closing months of 2012–13.
For more detail, see Part 6, External Scrutiny.
FAMILY COURT OF AUSTRALIA ¡ ANNUAL REPORT 2012–2013 35
02
OVERVIEW OF THE COURT
At 30 June 2013, the courts were also working with the supplier to enable outside parties to
link into the video conference systems via their PCs. This enhancement will allow parties and
witnesses, subject to approval by the Court, to appear via video from any location in the world
at no additional cost to the courts.