Hunter Valley Family Law Practitioners Association Conference

Conference Centre, Cypress Lakes Resort
Cnr McDonalds & Thompsons Rds, Pokolbin, NSW

Friday 24 October 2008, 12.00pm

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Acknowledgements

Other Acknowledgements

Introduction

  1. Good afternoon.
  2. It’s a great pleasure to be here today and deliver the plenary address to the Hunter Valley Family Law Practitioners Association.
  3. In terms of access to justice, family law will affect about 40% of Australians in one way or another. It is both a significant legal and social issue.

Family Law Practitioners

  1. There is no doubt that family breakdown is one of the most traumatic events a person can experience.
  2. And that trauma is much worse when children are involved.
  3. Clearly – you all know this too.
    As family law practitioners, your work takes you into the lives of many people who are distraught with their situation.
  4. I’d like to publicly acknowledge your work.
    Your work is much needed.
  5. You have a great deal of responsibility – especially when helping parents make joint decisions that are in the best interests of their children.
    This undoubtedly can be tough - but part of your work is to help your clients make hard choices.
  6. It is necessarily the case that family breakdown will result in less access to resources and probably less time with kids.
    No one walks away happy from family breakdown.

An Integrated System

  1. And inevitably, there will be times when, as practitioners, you are in the position of having to be forceful when encouraging parties to come to an agreement.
  2. The very worst lawyer is one who merely tells clients what they want to hear.
  3. Lawyers, as wise counsel and advisers, are central to ensuring a stronger and more effective mediation sector.
  4. And one which is seamlessly integrated into the family law system.
  5. I have spoken previously about my vision for a better integrated family law system.
  6. As a society, we expect parents to cooperate for the sake of their children.
  7. The Australian taxpayer also has the right to expect that courts, professionals and service providers also work together for the wellbeing of Australian children.
  8. That is an approach that I will continue to encourage.
  9. To make this happen we need smooth processes in place.
    And a range of services on offer.
    We need to strengthen the relationship between legal services, family relationship services and the courts.
  10. As professionals in the sector – you can help achieve this.
  11. It is important that each part of the system values each other’s contribution, and actively facilitate the clients’ access to each other’s services.
  12. Experience shows we will see great benefits if all parties work closely together.
  13. One local initiative I am aware of that is successfully modelling an integrated approach is the Newcastle Family Pathways Network, which is known as the ‘Newcastle Gateway Project’.
  14. I had the privilege of speaking at the network’s conference in June of this year.
  15. At that time I was encouraged to see people who work in many parts of the family law system coming together.
    Not representing their own sectional interests, but showing a desire to work collaboratively with colleagues and professional service providers.
  16. It is a role model. And I’m confident that initiatives such as this will lead to better outcomes for Australian families, and in particular, their children.

Family Dispute Resolution

  1. The family dispute resolution framework is also central to ensuring a stronger and more effective mediation sector.
    It is a good example of how an alternative dispute resolution process can be successfully integrated into the legal system.
  2. Since 1 July this year, all parties applying to a court for a parenting order, including existing matters, must first attempt family dispute resolution – subject to appropriate exceptions.
  3. Successful implementation of the new reforms requires mediators in services such as Family Relationship Centres to view themselves as vital components of the legal process - avoiding more complex and formal proceedings whilst still resolving difficult disputes.
  4. Evidence shows that mediation will help to decrease the large number of entrenched conflicts in the court system.
  5. FRCs should offer a less adversarial process which can achieve outcomes that all parties are able to work with – experience shows that these situations, where both sides have ownerships of the outcome, can be the best for the development of children.
  6. And the system is working - we’ve already seen applications for family law matters in the Family Court of Australia and the Federal Magistrates Court decline by around 18 per cent from July last year to June this year.
  7. There are several factors but it seems that a large part of this can be attributed to FRCs, which are helping meet the demand for family dispute resolution.
  8. However, the work is far from done.
    FRCs will only be meeting the mandate for which they were established if we continue to work on ensuring they are properly integrated into the broader network of family law.
  9. This will help parents focus on the needs of their children while reaching agreement on parenting arrangements – outside the courts where possible.
    It avoids trauma, it avoids expense – for families and the community.
  10. This year, I’ve had the pleasure of officially opening new centres in Victoria, Queensland, Western Australia, South Australia and New South Wales.
    During these launches I’ve met a number of family dispute resolution practitioners.
    And I’ve been very impressed with their professionalism and the level of assistance they provide to people in need.

Evaluation of 2006 Reforms

  1. There is no doubt that as practitioners you would have faced challenges in adapting to the significant changes to the family law system in the last couple of years.
  2. We want to make sure that these recent changes to the family law system are working.
  3. As you would be aware, we have commissioned the Australian Institute of Family Studies to undertake a thorough evaluation of the package of shared parental responsibility reforms that were introduced in 2006.
  4. The evaluation will include a follow up to the 2006 Survey of Family Lawyers.
    And this will enable comparisons to be made between pre and post-reform attitudes.
  5. I understand the survey will soon be distributed to practitioners through the Family Law Section of the Law Council of Australia.
    And I encourage you all to respond.
  6. Your feedback is crucial in gauging the impact of the reforms.
    No-one knows your experiences, or more specifically your clients, better than you do.
    So I encourage you to either convey your support or voice your concerns.

Issues in Newcastle

  1. On this, I realise your local community does have some concerns about judicial resources in Newcastle.
    Particularly since Justice Mullane’s recent retirement.
  2. He has been an exemplary judge who has provided outstanding service to the local community.
  3. I saw this first hand at a Community Cabinet meeting last month at Lambton High.
  4. I can assure you that the Australian Government is committed to making sure that all federal courts have sufficient resources.
    I am currently examining the situation in Newcastle.
  5. I also realise that the growth in the federal courts’ workload in the Newcastle region means the court building is overstretched.
    And there are concerns about security.
  6. My Department, the Department of Finance and Deregulation and the federal courts are working together on options for a new federal courts building in Newcastle.
    And we’re liaising with the New South Wales Government on the possibility of a courts precinct.
  7. I welcome your views on the situation in Newcastle and will take them into consideration when examining the options available.
  8. Of course, any proposal for improved court premises would need to be considered as part of the normal budget process.

Inaugural Conference

  1. I’d also like to let you know about the inaugural family law conference I will be holding.
    Its main aim will be to build integration across the three key sectors of the family law system – the courts, legal practitioners, and family relationship services.
    And it will address a range of topics, including case management and workforce development.
  2. The conference will be held in February next year.
    200 individuals from key organisations will be invited to attend.
  3. I’m eager to see what this conference can achieve.
    It will be the first in a series of annual conferences, and will help set the scene for work in future years.

Conclusion

  1. In the meantime, forums such as this provide a good opportunity to address current issues and plan ahead.
    And I ask that as you do so, you consider ways in which you can help strengthen the family law system.
    And that you do this because it’s in the best interests of families – especially children.
  2. I wish you all the very best for the remainder of your conference.
    And I look forward to hearing the outcomes.