Outcome 3

Federal Circuit and Family Court of Australia (Division 2)

The FCFCOA (Division 2) is a federal court of record and a court of law and equity established by Parliament as an independent federal court under Chapter III of the Constitution.

The jurisdiction of the Court is best described by reference to three main areas: family law and child support, migration law, and a broad range of general federal law areas of jurisdiction including administrative law, admiralty law, bankruptcy, consumer law, human rights, industrial law, intellectual property, and privacy. The Court shares these jurisdictions with the FCFCOA (Division 1) (in respect of family law and child support) and the Federal Court of Australia (in respect of migration and general federal law).

Since 1 September 2021, the Court operates as the single point of entry for the filing of all family law applications, and matters may be transferred to the FCFCOA (Division 1) where considered appropriate based on their complexity.

The objective of the FCFCOA (Division 2) is to provide timely access to justice and resolve disputes in an efficient and cost-effective manner, using appropriate dispute resolution processes. The provisions of the Federal Circuit and Family Court of Australia Act 2021 enable the FCFCOA (Division 2) to operate as informally as possible in the exercise of judicial powers, use streamlined procedures and make use of a range of dispute resolution processes to resolve matters without judicial decisions, where appropriate.

The FCFCOA (Division 2) sits in all capital cities, selected major regional centres, and also circuits to a number of regional locations. It deals with a high volume of matters and delivers services to regional Australia through its regular circuit court program, in addition to utilising technology to facilitate remote access to the Court where appropriate.

The Chief Judge is responsible for managing the business and administrative affairs of the Court, assisted by the Deputy Chief Judge (Family Law) and the Deputy Chief Judge (General and Fair Work). The Chief Judge is assisted by the CEO and Principal Registrar, who is appointed by the Governor-General on the nomination of the Chief Justice.

Purpose To provide timely access to justice and resolve disputes in all areas of law in an efficient and cost-effective manner, using appropriate dispute resolution processes
Outcome Apply and uphold the rule of law for litigants in the Federal Circuit and Family Court of Australia (Division 2) through the just, safe, efficient and timely resolution of family law and general federal law matters according to law, through the encouragement of appropriate dispute resolution processes through the effective management of the administrative affairs of the Court
Program The exercise of the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)
Key activities
  • Just, safe, efficient and timely resolution of family law and general federal law matters
  • Appropriate response to risk and family violence and protecting vulnerable parties, including women and children, including giving effect to the Family Violence Plan and Family Violence Best Practice Principles
  • Maximise the role of registrars to ensure they provide specialist services to parties and families and to support judges to hear matters earlier
  • Enhance the Court’s ability to conduct more court hearings and provide greater access to justice for rural and regional Australia
  • Continue to expand the provision of dispute resolution within the Court, utilising registrars and Court Child Experts, to free up the Court’s pathway for more cases to be heard quickly and cost effectively
  • Continue the Lighthouse initiative to support families who may have experienced family violence and other risks
  • Provide a quicker, cheaper and simpler way of resolving family law property disputes involving small property pools through the Priority Property Pool case management model
  • Improve access to justice for Aboriginal and/or Torres Strait Islander litigants and children through the role of Indigenous Family Liaison Officers and the development of tailored case management processes, including specialist Indigenous lists and the Reconciliation Action Plan
  • Enhanced collaboration with child welfare agencies and service providers to facilitate information sharing when risks are alleged in family law proceedings.
  • Continue to develop and implement access to justice initiatives, including through the use of Cultural Liaison Officers and initiatives designed to assist culturally and linguistically diverse litigants
  • Enhance mediation and case management support to judges through the Court’s management of general federal law and migration registrars and support staff
  • Improve the digital and technological capabilities of the Court by enhancing the digital court file, eFiling and other online services and technological processes.
Performance measure Timely completion of cases

Targets

Targets 2026–27 2027–28 2028–29

2029–30

Target 1
80–90% of final order applications resolved within 12 months
80–90% of final order applications resolved within 12 months 80–90% of final order applications resolved within 12 months 80–90% of final order applications resolved within 12 months 80–90% of final order applications resolved within 12 months
Target 2
90% of general federal law applications (excluding migration) resolved within 12 months
90% of general federal law applications (excluding migration) resolved within 12 months 90% of general federal law applications (excluding migration) resolved within 12 months 90% of general federal law applications (excluding migration) resolved within 12 months 90% of general federal law applications (excluding migration) resolved within 12 months
Target 3
75% of all judgments delivered within 3 months
75% of all judgments delivered within 3 months 75% of all judgments delivered within 3 months 75% of all judgments delivered within 3 months 75% of all judgments delivered within 3 months

Measure type and assessment

Target 1, target 2, target 3 will be measured by reference to quantitative data, which must be considered in the context of the Court's work.

Rationale/context

Target 1 measures the percentage of final order applications that are resolved in less than 12 months from the date they are filed. This will assist the Court to monitor the efficient resolution of disputes, to ensure families are receiving timely access to justice.

Target 2 measures the percentage of general federal law applications (excluding migration) that are resolved in less than 12 months from the date they are filed. This will assist the Court to monitor the efficient resolution of disputes, to ensure litigants are receiving timely access to justice.

Target 3 measures the percentage of judgments that are delivered within three months of the date of the hearing to which they relate, to ensure the Court is resolving matters in a timely way where that resolution requires the delivery of orders and reasons for judgment.

Methodology/source

Target 1 will be measured by reference to the percentage of final order applications finalised within the financial year that have been finalised within 12 months of their filing date.

Target 2 will be measured by reference to the percentage of general federal law applications finalised within the financial year that have been finalised within 12 months of their filing date.

Target 3 will be measured by reference to the time taken between the conclusion of the hearing/ submissions and the date the reasons for judgment are delivered, and the percentage of those judgments that are delivered within three months, out of all judgments delivered during the financial year.

The Listed Entity’s Annual Performance Statement, published in the annual report, will report on the success of the plan to achieve timely completion of cases.

Detail and rationale of changes since the 2025–26 Corporate Plan

Nil.

For additional information about the FCFCOA outcomes, refer to Appendix 1.


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