The Australian
14 May 2009

Barrier to federal courts restructure
By Michael Pelly and Nicola Berkovic

The Rudd Government's plan to restructure the federal courts hit a hurdle yesterday when the Opposition indicated it would vote against it, and minor party senators raised fresh concerns.

Opposition legal affairs spokesman George Brandis told the Senate the restructure would cause "serious damage to the efficient resolution of family law disputes" and the judiciary was "deeply divided".

The Greens, Family First's Steve Fielding and independent Nick Xenophon said they wanted to see more detail.

The Government requires the support of all seven minor party senators to pass legislation when the Coalition is opposed.

The Attorney-General, Robert McClelland, announced last week that the Federal Magistrates Court would be dismantled in December, with its family law division to become part of the Family Court and its general division to fold into the Federal Court.

The decision followed a report into the delivery of family law services by consultant Des Semple, which found tension over resources had "distracted the Family Court and the Federal Magistrates Court from their core responsibilities".

The Magistrates Court handles more than half of all migration matters and
79 per cent of family law applications.

Mr McClelland has talked about his desire for a "reverse takeover in terms of culture, simplification of rules and numbers", but Senator Brandis was sceptical.

He said the Magistrates Court had "won an enviable reputation for its no-nonsense, pragmatic, efficient approach to dispute resolution" and the move was "a grave mistake".

"If most of the federal magistrates are absorbed into the Family Court, as a lower tier of that court, governed by the Family Court rules, subject to the Family Court's administrative structures, and ineluctably affected by its culture, the efficiencies which have become the hallmark of the Federal Magistrates Court will gradually, but inevitably, be lost," he said.

Senator Brandis added that the Federal Court had not been properly consulted and had been asked for its views "almost as an afterthought".

"The Federal Court does not want a bar of it," he said.

Greens legal spokesman Scott Ludlum expressed concern about extra pressure being put on the Federal Court as it was getting a new criminal jurisdiction under laws cracking down on cartels.

"My initial impression is that I'm supportive of the changes that are proposed," Senator Ludlum said. "(But) if we're giving the Federal Court a greater workload, we'd better not in the process of restructuring be drawing resources away from them."

Mr McClelland said the restructure would "provide better outcomes for Australian families and children who require the support of the court system".

http://www.theaustralian.news.com.au/story/0,25197,25476946-5013871,00.html

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