LCMID - FAMILY COOPERATION AND CONFLICT

Federal Court of Australia Annual Report 2022-23

92% of final order applications in the FCFCA Division 2 were resolved within 12 months of filing, surpassing the court’s performance target of 70-90%

Attwood Marshall Lawyers “Family Court overhaul has successfully lifted case clearance rates helping families to move on after separation” (2022)

The emphasis on early resolution and mediation has proven effective with 77% of cases settled by registrars and fewer than 5% proceeding to a full hearing

ABC News “Family court merger condemned by former judges and legal experts after legislation passed” (2021)

Reported criticism from former Family Court Chief Justice Alastair Nicholson, who argued that judges who lacked “real knowledge” of family law could be seen to preside of over cases which could lead to longer delays.

Re: K 1994

The criteria for appointing an ICL, outlined in Re: K (1994), include instances of alleged child abuse or neglect, high parental conflict, family violence or when a child expresses strong views

McCall and Clark (2009)

Shortcomings in ICLs are evident in McCall and Clark (2009) where an ICL’s failure to meaningfully engage with the child led to dissatisfaction, revealing inconsistencies in how children’s views are incorporated

Family Law Amendment Act 2023 (ICL)

Mandates that ICLs provide children the opportunity to express their views, enhancing cooperation by ensuring children’s voices are part of the conflict resolution process

AIFS report “Cooperation and Coordination” (2007)

It reduces trauma and delays, achieving an average resolution time of 7.2 months compared to 17.5 months for standard parenting matters

Re: S and P (2001)

The case benefitted from a single judge, the appointment of an ICL, and coordinated input from child protection agencies, resulting in timely conflict resolution that prioritised the child’s best interests

The Family Law Amendment (Shared Parental Responsibility) Act 2006

introduced the “shared parental responsibility”, to encourage greater cooperation between separated parents in raising their children

Family Law Amendment Act 2023

recifies the shared parental responsibility, arguably the most significant change to parenting arrangements since 2006

Law Society Journal “In the best interests of the child? The Family Law Amendment” (2023)

The Act removed the presumption of “equal shared parental responsibility”, shifting the focus from parental entitlement to the safety and appropriateness of parenting arrangements

The Family Law Act 1975

replaced Matrimonial Causes Act 1959, marked a critical shift by introducing a no-fault divorce system

AIFS “Working out relationships” (2022)

Found that after the introduction of the FLA, the crude divorce rate spiked to 4.6 per 1000 in 1976

Hoffman v Hoffman (2014)

The judge rejected Mr Hoffman’s claim of 70% of the $10 million assets and ruled a 50-50 split, recognising that Mrs Hoffman’s contributions as a homemaker were not “menial”

The Family Law Amendment Act 2024

Requires the courts to consider the economic effects of family violence, including financial abuse, which often hinders one party’s ability to contribute to the relationship

Sydney Criminal Lawyers titled “Courts must consider family violence when making financial and property orders” (2025)

These changes to the law will increase instances whereby false claims of domestic and family violence will be weaponised to bolster family law claims.

Family law act 1975

replaced Matrimonial Causes Act 1959, marked a critical shift by introducing a no fault divorce system

AIFS “working out relationships” (2022)

Found that after the introduction of the FLA, the crude divorce rate spiked to 4.6 per 1000 in 1976

Sections 23 and 27 of the Children and Young Persons (Care and Protection) Act 1998

outline the extensive list of professions of mandatory reporters and details of mandatory reporting, however, reforms to this have aimed to enhance the system

NSW Ombudsman report Review of the NSW Child Protection System - Are Things Improving? (2014)

Most serious cases are reported to the DCJ, increasing the chances of actually being seen by a case worker from 21% to 28%

‘You would be horrified’: the brutal calculation that decides if children in danger get help (2024)

notes that the NSW Child Protection Helpline receives thousands of calls each year meaning that the system is still unable to cope with the demand.