For the first time in more than 40 years, we have seen a comprehensive review of the family law system, undertaken by the Australian Law Reform Commission.

The ALRC’s final report on the family law system, which was released last week, makes 60 recommendations in total, including a recommendation that the Federal Government consider options to establish family courts in “all states and territories” and abolish first instance federal family courts.

The landmark report also recommended the establishment of a new national information-sharing framework covering police and child protection records.

With the incumbent government’s proposal to merge the Federal Circuit Court and Family Court of Australia unpassed by the Senate, and the election called for 18 May, it is the ideal time for the legal profession to look closely at the ALRC’s proposals.

The Law Society of NSW has long identified a need for family law reforms that provide the best outcomes for Australian families who rely on the family law system to help them resolve complex and emotional disputes, often within the context of “the insidious and increasing scourge of family violence”.

The Law Society will be carefully considering the report’s recommendations, with input from the relevant policy committees, and we look forward to working closely with the newly-elected State Government and the Federal Government on how best to reform our nation’s family law system, and to deliver meaningful changes as soon as possible.

Given its focus on protecting children, the report will also be of great interest to those working in frontline services such the Women's Domestic Violence Court Advocacy Service NSW (WDVCAS NSW) whose staff deal with family violence matters every day. 

Against this backdrop, the Law Society will be holding its second thought leadership event for 2019 on Tuesday 14 May, on the theme “Family Law Courts – Change for a system in distress.”

We look forward to bringing you more information about this event in upcoming communications to our members, including Monday Briefs.

On that note, as there will be no Monday Briefs next week due to the Easter holiday, I would like to wish everyone a happy, safe and relaxing Easter.

Elizabeth Espinosa, Law Society President

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