Via email: T 03 9607 9311 Family Law Branch F 03 9602 5270 Attorney-General’s Department 3-5 National Circuit Date 17 February 2017 BARTON ACT 2600 Dear Colleagues, Public Consultation Re: Family Law Amendment (Family Violence and Other Measures) Bill 2017 the family law The LIV welcomes the Commonwealth Government’s commitment to improving to family violence and thanks the Attorney-General for the opportunity to provide system’s response feedback in relation to the proposed new measures. The response of the Family Law Section (which comprises over 2,700 members practicing LIV’s primarily in family, and law in Victoria) is below. Additional comments have been provided by children’s the Criminal Law Section in relation to the proposed criminalization of breaches: LIV’s General Comments The LIV agrees that a simplification of Part VII of the Family Law (which outlines the Act (“FLA”) legislative pathway the Court must follow to determine the best interests of children in parenting matters) would assist: Parties to better understand how parenting matters are determined under the FLA; Increase the prospects of parties resolving their matter prior to a final hearing and, consequently, alleviate some of the pressure on the family law courts’ resources. Specific response to Exposure Draft and Consultation Paper Enabling State and to be prescribed as courts of summary Territory Children’s courts jurisdiction The LIV agrees that amendment should be made to the FLA to clarify that the state and territory courts are courts of summary jurisdiction under the FLA. It would reduce confusion children’s within the profession if the of Victoria had the same powers to make orders under Children’s Court the FLA as the Magistrates' Court of Victoria. However, to ensure consistency between the state and Commonwealth jurisdictions, the LIV recommends that guidelines and protocols be developed (following consultation between state and family courts) as to: which matters are suitable to be heard in the state courts;
Family Law Branch Attorney-General’s Department 3-5 National Circuit BARTON ACT 2600 Via email: T 03 9607 9311 F 03 9602 5270 Date 17 February 2017 Dear Colleagues, Public Consultation Re: Family Law Amendment (Family Violence and Other Measures) Bill 2017 The LIV welcomes the Commonwealth Government’s commitment to improving the family law system’s response to family violence and thanks the Attorney-General for the opportunity to provide feedback in relation to the proposed new measures. The response of the LIV’s Family Law Section (which comprises over 2,700 members practicing primarily in family, and children’s law in Victoria) is below. Additional comments have been provided by the LIV’s Criminal Law Section in relation to the proposed criminalization of breaches: General Comments The LIV agrees that a simplification of Part VII of the Family Law Act (“FLA”) (which outlines the legislative pathway the Court must follow to determine the best interests of children in parenting matters) would assist: Parties to better understand how parenting matters are determined under the FLA; Increase the prospects of parties resolving their matter prior to a final hearing and, consequently, alleviate some of the pressure on the family law courts’ resources. Specific response to Exposure Draft and Consultation Paper Enabling State and Territory Children’s courts to be prescribed as courts of summary jurisdiction The LIV agrees that amendment should be made to the FLA to clarify that the state and territory children’s courts are courts of summary jurisdiction under the FLA. It would reduce confusion within the profession if the Children’s Court of Victoria had the same powers to make orders under the FLA as the Magistrates' Court of Victoria. However, to ensure consistency between the state and Commonwealth jurisdictions, the LIV recommends that guidelines and protocols be developed (following consultation between state and family courts) as to: which matters are suitable to be heard in the state courts;