Independent review report for Federal Circuit and Family Court of Australia tabled

FCFCOA chief justice says findings show success in courts' refinements

Independent review report for Federal Circuit and Family Court of Australia tabled

Australia’s government has tabled the report for the independent review of the Federal Circuit and Family Court of Australia (FCFCOA) Act 2021 (Cth), which ran from 1 September 2024 to 1 March 2025. 

In a media release, the government expressed gratitude to Linda Dessau and Professor Helen Rhoades for conducting the review, which also had the cooperation of the Federal Court, the Family Court of Western Australia, the legal profession, and relevant stakeholders. 

“I would like to thank the reviewers for their important work, and acknowledge Chief Justice William Alstergren AO, the judges and registrars of the FCFCOA, and the frontline staff who work everyday to support those needing to resolve their legal matters,” said Michelle Rowland, Australia’s attorney-general, in the media release. 

Section 284 of the FCFCOA Act required a review of the legislation under which the FCFCOA operates three years after the legislation had commenced. 

“A timely review of the FCFCOA Act was important to ensure the significant changes introduced to the court’s structure and procedures are working in practice,” Rowland said. 

The report determined that recent family law innovations and other areas within the review’s scope worked smoothly. 

“Going to court can be a stressful time for people, particularly when it involves a relationship breakdown,” Rowland said. 

The media release noted that the government recently committed substantial funding to the FCFCOA, including: 

  • $44.5m over three years from 2025–26 for the FCFCOA to keep offering family law case management services to improve outcomes for vulnerable groups and family and domestic violence victims 
  • $115.6m in Budget 2024/25 to establish migration hubs in Melbourne and Western Sydney for the expeditious resolution of matters and the addition of eight judges in the FCFCOA’s second division and the Federal Court to tackle migration backlogs 
  • $160m in the mid-year economic and fiscal outlook (MYEFO) 2023/24 for migration system integrity, including an investment for 10 judges of the FCFCOA’s second division 

“The Government will consider the report and its recommendations in due course,” Rowland said in the media release

FCFCOA’s reaction

William Alstergren, chief justice of the FCFCOA’s first division and chief judge of the FCFCOA’s second division, announced the creation of a working group to consider the report’s identified areas for improvement. 

“We will continue to work closely with the Attorney-General, the Hon Michelle Rowland MP, and the Government, to provide the best system of justice available for Australian families and the people we serve,” Alstergren said in the FCFCOA’s media release

Alstergren expressed that he was thankful for the dedication, skill, and integrity of the judges, registrars, court child experts, Indigenous family liaison officers, and court staff and for the cooperation of legal professionals. 

Alstergren said the report showed the significant success of refinements in court operations and other court-spearheaded initiatives seeking to enhance those changes. 

In the media release, the FCFCOA noted that the reviewers made the following positive findings: 

  • The legislated single point of entry improved the prior system, lessened confusion and competition, and improved clarity, certainty, efficiency, co-operation, and the vision and national consistency between the courts 
  • The expanded registrar role contributed to the reforms’ success 
  • Collegiality and cooperation between courts and among judges improved 
  • Dual leadership appointments enabled consistent leadership and practice in family law matters, improved unity between the courts, and decreased tensions relating to inter-court resources 
  • The leadership of the general federal law jurisdiction, especially in the migration area, improved 
  • The appellate jurisdiction changes also improved in terms of management, timelines, and practices 

Alstergren noted that the report also demonstrated positive results regarding the courts’ case management approach, responsiveness to litigants’ needs, and delivery of justice to the Australian public.