Operating context
This section describes the Listed Entity’s operating context, including the environment, key capabilities, cooperative relationships, risk oversight and management strategies over the period 2025–26 to 2028–29.
Environment
This section describes the Listed Entity’s operating context, including the environment, key capabilities, cooperative relationships, risk oversight and management strategies over the period 2025–26 to 2028–29.
The main environmental drivers affecting the Listed Entity are government policy and legislative change, technological advancements, and social and economic factors.
Government policy and legislative change
Government policies and legislative changes can significantly impact the jurisdiction, workload and operating environments of the Courts and the Native Title Tribunal. The existing legislative factors over the period of this plan are outlined below.
Federal Court of Australia
In the 2024–25 Federal Budget the Federal Government allocated $43.1 million over four years, plus $3.6 million per year ongoing, specifically to improve justice outcomes for First Nations people through the ‘Enhancing First Nations Justice Policy Outcomes’ measure. The FCA received funding through this measure to support the digitisation of the FCA’s case records in the Native Title practice area and to enable new initiatives to support the case management, mediation and determination of native title proceedings in a way that emphasises traditional owner led agreements, including through more on country work.
Funding was also received in the 2024–25 Federal Budget through the ‘Extremely High Migration Backlogs’ measure. The purpose of the funding, which was provided to the FCA and other agencies, is to clear backlogs across the full migration system. The measure includes funding for additional judges and staff to support the work of the migration practice area in recognition of the flow on effect that the Federal Government’s policy to clear the backlog will have on the workload of the FCA.
Following Royal Assent of the Attorney-General’s Portfolio Miscellaneous Measures Act 2024 (Cth) in June 2024, the FCA’s jurisdiction to hear a wide range of indictable criminal offences was expanded. The Court now has jurisdiction to hear and determine a range of indictable criminal offences contained in the Corporations Act 2001 (Cth), Australian Securities and Investments Commission Act 2001 (Cth), National Consumer Credit Protection Act 2009 (Cth), and Superannuation Industry (Supervision) Act 1993 (Cth). Furthermore, the Court also has jurisdiction in relation to various indictable offences contained in the Criminal Code (Cth).
Relevant to the workload of the FCA, and also that of the FCFCOA (Division 2), the Administrative Review Tribunal commenced under the Administrative Review Tribunal Act 2024 on 14 October 2024, replacing the Administrative Appeals Tribunal.
Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2)
The FCFCOA (Division 2) also received funding to support the migration caseload as part of the 2024–25 Federal Budget. The funding included additional judges and support staff, including dedicated staff to assist with the handling of interpreter requests and referrals to pro-bono legal assistance. The measure also included funding for purpose-built court facilities.
On 1 January 2025, the Commonwealth government provided additional funding to enable the FCFCOA (Division 1) and FCFCOA (Division 2) to continue implementation and expansion of the National Strategic Framework for Information Sharing between the family law and family violence and child protection systems to cover property matters.
There have also been a number of amendments to the Family Law Act 1975 (Cth) impacting the work of the Courts.
The first tranche of amendments followed the commencement of the Family Law Amendment Act 2023 (Cth) saw a first tranche of amendments in May 2024, with several significant changes particularly in relation to the framework for parenting cases. The amendments include new laws about what the Courts must consider when determining what is in the child’s best interests; changes to the law about parenting arrangements, which include removing the presumption of equal shared responsibility; simpler compliance and enforcement provisions for child-related orders; and new powers for the Courts to prevent harmful litigation.
On 10 June 2025, the commencement of the Family Law Amendment Act 2024 (Cth) saw a second tranche of amendments to the Family Law Act 1975 (Cth), including significant changes to the framework for resolving property and financial matters, including identifying how the financial impacts of family violence may be considered in property settlements.
The work to prepare for and implement these changes includes updating relevant Court Rules, forms and practice directions, and IT system changes and staff training, together with the delivery of communications and external education.
Technological advancements
In an increasingly complex and fast changing digital landscape, an agile and responsive approach is necessary to effectively support the Courts and the Native Title Tribunal’s evolving priorities.
The key technological factors affecting the Courts and the Native Title Tribunal are operational efficiency, including using technology to streamline case management processes, decommissioning legacy systems, maximising the value of our data assets and ensuring systems are secure and compliant in the face of emerging cyber security threats.
The systems are relied upon by not just the judicial officers and members of the Listed Entity, but also the Courts and Native Title Tribunal’s users – the Australian community.
There is an increasing reliance on efficient, secure and contemporary digital services which drives our commitment to providing systems that can continue to adapt in line with emerging demands and opportunities. Secure services built on robust platforms are essential to this objective, while accurate and flexible tools ensure that we are well-placed to safely control opportunities presented by Artificial Intelligence with carefully managed and explainable guardrails in place.
Our data and digital services are critical to judicial officers and members of the Listed Entity in supporting their important work, along with the Australian community who rely on our suite of online tools to engage with the Courts and the Native Title Tribunal. We are supporting the ongoing enhancement of these services through the Listed Entity’s digital modernisation program, with considered strategic investment in services that support our ongoing mission to remain at the forefront of innovative digital solutions.
Social expectations and demographic changes
With a growing and increasingly diverse population, there is an increasing demand for accessible and culturally safe services. The Listed Entity is responsive to such changes including through a focus on tailored communication, procedural support and simplified processes.
Community awareness of family, domestic and sexual violence continues to increase. The FCFCOA (Division 1) and FCFCOA (Division 2), supported by the Listed Entity, is committed to proactively contributing to the national reform agenda in the National Plan to End Violence against Women and Children 2022–2032 and its Action Plans, including through safety initiatives.
Economic pressures and equity impacts
Cost-of-living pressures and regional service gaps impact court users’ ability to attend hearings and engage legal representation, including among Aboriginal and Torres Strait Islander peoples, migrant and refugee communities, and women escaping violence. The Listed Entity is committed to responsive and accessible services, including through technological improvements.
Increased reliance on digital access, while improving efficiency and regional access, can exacerbate digital exclusion for some users, including those who may lack safe or reliable access to technology. The Listed Entity continues to explore opportunities for integrated services and safety-enhancing facilities.
