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What the Family Court merger means for you

10 October 2021

The landscape of Australia’s Family law court system is looking very different, with the merger of the Family Court of Australia and the Federal Circuit Court of Australia on 1 September 2021. So, what is now happening?

The newly formed Federal Circuit and Family Court of Australia aims to provide a more streamlined approach to court matters, with greater opportunities for early dispute resolution, and starting a trial – if there has to be one – within 12 months.

The court will be made up of two divisions – Division 1, which deals only with Family Law matters; and Division 2, which deals with Family Law, migration and other general federal law matters.

As far as Family Law matters are concerned, there is now a registry for filing documents and forms, and a new purpose-built court website.

There is also a new and consistent approach to case management nationally, with Judicial Registrars “triaging” each case and assessing risks, soon after matters have been filed in the court.

Image accompanying article "What the Family Court merger means for you".

The six-step case management pathway will be:

  1. First court event – a directions hearing before a judicial registrar to assess and triage the matter. The lawyer for each represented party must provide to the court, and to each other, a notice confirming their client has made a genuine attempt to resolve the issues in dispute.
  2. Interim hearing – a hearing before a senior judicial registrar or judge to determine any interim applications.
  3. Dispute resolution – mediation, conciliation conference or Family Dispute Resolution, conducted either externally or within the court. This is expected to take place within five months from the start of proceedings.
  4. Compliance and readiness hearing – held before a judge or senior judicial registrar, no later than six months from the start of proceedings. If necessary, the matter can be transferred to Division 1 for the final hearing.
  5. Trial management hearing – a directions hearing before the allocated trial judge.
  6. Trial – to be held ideally within 12 months from the date of filing, subject to the parties complying with relevant orders and directions.

Wherever possible, and if it is safe to do so, parties will be encouraged to take part in dispute resolution opportunities before, and throughout the court process.

The court’s aim is to resolve more than 90 per cent of Family Law matters within 12 months to reduce the time, cost and stress associated with litigation.

The legal profession has been calling for change to the Family court system for some time. What has happened was not exactly what was hoped for, so it will be a ‘wait and see’ as to how planned outcomes eventuate.

Chief Justice of the Federal Circuit and Family Court of Australia, William Alstergren, said the merger represented a modern court, which was responsive to the needs of litigants.

“If cases have to go through our court system to trial, it aims at doing so as fairly, efficiently, safely, and as cost effectively as possible,” he said.

At Michael Lynch Family Lawyers, we are committed to helping you navigate the new court processes for all your Family Law matters.

If you have questions about separation, divorce, property settlement or custody arrangements, please call our office on: (07) 3221 4300 or email us at: [email protected]

2021-09-22T16:24:32+10:00

Client Testimonials

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights

You, guys, provide extraordinary service.

A.O., North Brisbane
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton

I was always confident that I was getting the very best advice.

T.S., Flinders
Your newsletters are great, I appreciate them.
K.B., Carina

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton
Your team is professional, warm, friendly and real.
N.R., Crows Nest
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove