Appendix One
Appendix Two
Appendix Three
Appendix Four
Appendix Five
Appendix Six
Appendix Seven
Appendix Eight

Appendix 1 Outcome and program statement: Family Court of Australia

Table A1.1: Outcome 2: Family Court of Australia

Outcome 2: Apply and uphold the rule of law for litigants in the Family Court of Australia through the resolution of family law matters according to law, particularly more complex family law matters and through the effective management of the administrative affairs of the Court.	Budget 2018‑19 ($’000)	Actual 2018‑19 ($’000)	Variation ($’000)
Program 2.1 – Family Court of Australia
Administered expenses
Special appropriations	100	28	72
Departmental expenses
Departmental appropriation1	33,314	33,969	–655
Expenses not requiring appropriation in the budget year	11,639	13,238	–1,599
Total for Program 2.1	45,053	47,235	–2,182
Total expenses for outcome 2	45,053	47,235	–2,182
Average staffing level (number)	92	86

¹ Departmental appropriation combines ordinary annual services (Appropriation Act Nos 1 and 3) and retained revenue receipts under section 74 of the Public Governance, Performance and Accountability Act 2013.

Appendix 2 Staffing profile: Family Court of Australia

From 1 July 2016, the Courts Administration Legislation Amendment Act 2016 merged the corporate service functions of the Family Court of Australia (Family Court) and the Federal Circuit Court of Australia (Federal Circuit Court) with the Federal Court of Australia (Federal Court) into a single administrative entity – known as the Federal Court of Australia.

Heads of jurisdiction continue to be responsible for managing the administrative affairs of their respective courts (excluding corporate services), with assistance from a Chief Executive Officer (CEO) and Principal Registrar.

All staff are employed by the Federal Court under the Public Service Act 1999, regardless of which court or tribunal they work for or provide services to.

The total staffing number for the combined entity (Federal Court, Family Court, Federal Circuit Court and the National Native Title Tribunal), as at 30 June 2019, was 1098 employees. This includes 775 ongoing and 323 non-ongoing employees.

Staff providing direct support to the Family Court (numbers of which are included in the total number above) include:

• 56 judicial support staff providing support to justices of the Family Court
• 43 registrars providing support to the Family Court and Federal Circuit Court, and
• 94 family consultants providing support to the Family Court and Federal Circuit Court.

At 30 June 2019, there were 34 judicial positions in the Family Court, including the Chief Justice and Deputy Chief Justice. Judges numbers are not included in the overall entity staffing number.

For more information about staffing see Part 4 (Management of the Court) and Appendix 9 (Staffing profile) of the Federal Court of Australia’s 2018–19 annual report.

Appendix 3 Committees

Table A3.1: Judicial committees, 30 June 2019

Committee	Terms of reference
Policy Advisory Committee Chief Justice Alstergren (Chair)	To support the Chief Justice in the administration of the Court and to provide strategic advice and policy direction, particularly in relation to legislative, procedural and administrative changes likely to affect the Family Court and its users.
Finance Committee Justice Benjamin (Chair)	To provide judicial input to the Court’s annual budget in relation to the funding and resourcing of judicial work.
Rules Committee Justice Rees (Chair)	To consider all necessary or proposed rule changes. Section 123 of the Family Law Act 1975 provides that a majority of judges may make rules of court in relation to practices and procedures to be followed in the Family Court.
Court Performance Committee Deputy Chief Justice McClelland (Chair)	To ensure the implementation and maintenance of case management systems designed to achieve maximum efficiency in the discharge of the Court’s work.
Judicial Education and Professional Development Committee Justice Macmillan (Chair)	To develop, implement and oversee judicial education in the Court by formulating a comprehensive plan for ongoing and extensive judicial education and to provide advice to the Chief Justice on judicial education issues.
Judicial Welfare Committee	To develop and implement judicial wellbeing initiatives in the Court and to provide advice to the Chief Justice on judicial wellbeing issues.
Legislation and Law Reform Committee Justice Strickland (Chair)	To advise the Chief Justice on matters pertaining to legislation and law reform.
Aboriginal and Torres Strait Islander Outreach Committee Justice Benjamin (Chair)	To promote and improve access to justice for Indigenous families, by ensuring the Court’s administration and judiciary work together to enable and facilitate the participation of Indigenous Australians in the Court’s operations and processes.
Family Violence Committee Judge Hughes (Chair)	To provide advice to the Chief Justice, the Chief Judge and the Chief Executive Officer and Principal Registrar of both courts on the issue of family violence.
Children’s Committee Judge Cole (Chair)	A joint committee to explore the work to be undertaken with respect to the involvement of children in parenting proceedings and improving the experiences of children in the family law system.
Research and Ethics Committee Justice Stevenson (Chair)	To consider research proposals that are received by the Court on their merits and against ethical guidelines.

Appendix 4 Judge activities

The Honourable Chief Justice William Alstergren

10 December 2018 until 30 June 2019

Professional and other memberships

• National Judicial College of Australia
• Law Institute of Victoria
• Victorian Bar
• Judicial College of Australia
• International Hague Network of Judges

Conferences attended and papers delivered

• 4 March 2019, Swinburne University of Technology, Law Faculty, Melbourne, opening of Legal Year, A career in the law: Choices and challenges.
• 3 May 2019, Attorney-General’s Department, Family Law Reform Forum, Sydney.
• 24–25 May 2019, North Queensland Law Association, Annual Conference, Townsville. Paper presented: A conversation with the Chief Justice – Family law experience and how family law has changed since you started out.
• 6 June 2019, Australian Institute of Family Studies, Panel Discussion: Family law in Australia – Where to from here?

The Honourable John Pascoe AC CVO (former Chief Justice)

1 July 2018 until 10 December 2018

Professional and other memberships

• Judicial Conference of Australia
• LawAsia Family Law and Family Rights Section
• International Association for Court Administration
• Association of International Family Judges
• Australian Academy of Law
• International Hague Network of Judges

Conferences or events attended during the year

• 9 July 2018, Launch of the Family Court Reconciliation Action Plan.
• 23 August 2018, International Law Association Biennial Conference, Panel speaker: Children’s rights – in the balance?
• 28 August 2018, Wolsters Kluwer Legal, Webinar: The surrogacy web – the need to spin it together.
• 13 September 2018, International Conference on Judicial Excellence, Panellist: Existing court management structures in different jurisdictions.
• 25–28 September 2018, Hague Conference on Private International Law Experts Group on the Parentage/Surrogacy Project, 4th Meeting.
• 3 October 2018, 18th National Family Law Conference, Presented: State of the nation, Brisbane.
• 4 October 2018, 13th Lawasia Moot Competition, judging of the Grand Final and medal presentation to the grand finalists.
• 2 November 2018, UNFPA Expert Group Meeting on Surrogacy and Human Rights. Panellist: Country experiences and responses – Legislative and policy Responses.
• 2–5 November 2018, 31st Annual LawAsia Conference, New Era for South East Asia.
• 4–7 December 2018, International Social Service, Working Group meeting re update on Principles and Symposium on Surrogacy and Children’s rights.
• 8 December 2018, International Social Service, Women’s Rights expert consultation on possible international surrogacy principles.

The Honourable Justice Steven Strickland

Professional and other memberships

• Law Society of South Australia
• Family Law Section Law Council of Australia
• Judicial Conference of Australia
• Association of Family and Conciliation Courts
• Director, Australian Institute of Family Law Arbitrators and Mediators
• Council of Chief Justices Rules Harmonisation Committee
• President, Australian Chapter of the Association of Family and Conciliation Courts

Conferences or events attended during the year

• 16–18 August 2018, 5th Association of Family and Conciliation Courts, Australian Chapter, Annual Conference, Adelaide.
• 3–6 October 2018, Family Law Section Conference, Brisbane.
• 2 May 2019, Association of Family and Conciliation Courts, masterclass, presentation to family report writers, Melbourne.
• 29 May – 1 June 2019, 56th Association of Family and Conciliation Courts Annual Conference, Toronto.
• 15 June 2019, Family Law Section, Intensive, Adelaide. Paper presented: Latest and greatest: an analysis of the leading family law cases of the last 12 months.
• 26 June 2019, Presentation to the Perth profession: Single judge appeals process.

The Honourable Justice Ann Ainslie-Wallace

Professional and other memberships

• Australian Association of Women Judges
• International Bar Association
• NSW Bar Association
• Australian Institute of Judicial Administration
• National Judicial College of Australia
• Australian Academy of Law
• Honorary Doctorate of Law, University of Technology Sydney
• Master Bencher of the Honourable Society of the Inner Temple London
• Fellow Australian Academy of Law
• Chair, College of Law Master of Applied Law [Family Law] Advisory Committee)
• Adjunct Professor of Law, University of Technology, Sydney
• Chair, Australian Advocacy Institute
• Chair, Australian Advocacy Institute Management Committee
• Visiting Faculty Member National Institute for Trial Advocacy (USA)
• Council Member, National Judicial College of Australia
• Committee Member, National Judicial College of Australia Dialogues Program
• Steering Committee Member, NJCA Family Violence Training Program
• University of Technology Sydney, High Achiever program Mentor

Conferences or events attended during the year

• 3 August 2018, Department of Family and Community Services, Advocacy Skills Workshop.
• 12 October 2018, General Advocacy Skills, Sydney.
• 26 October 2018, Family Law Advocacy Skills Workshop, Sydney.
• 23 November 2018 Family Law Advocacy Skills Workshop, Sydney.
• 26–30 November 2018, Hong Kong Bar Association, Pupils Advocacy Instruction.
• December 2018, Writing expert reports, conducted for the Hong Kong Securities and Futures Commission.
• 15 February 2019, Advanced Teacher Training, Sydney.
• 22 February 2019, Family Law Advocacy Skills Workshop, Brisbane.
• 25 February 2019, Renaissance Women’s Leadership network, Lecture: View from the bench.
• 15–16 March 2019, Family Law Practitioners Skills Workshop, Western Australia.
• 6 April 2019, Keynote Address, Inns of Court College of Advocacy, Advocacy Trainers Symposium, Lincolns Inn, London.
• 12–14 April 2019, Advocacy Instruction, Inner Temple, New Practitioners medical expert workshop.
• 31 March–3 April 2019, National Judicial Orientation Program, Adelaide.

The Honourable Justice Judith Ryan

Conferences or events attended during the year

• 3 July 2018, delegation of Thai judges and court administrators, Family Court of Australia, Sydney registry. Paper presented: An overview of family law in Australia.
• 6–7 July 2018, Hunter Valley Family Law Practitioners Association Annual Conference, Pokolbin. Paper presented: Latest and greatest cases: a review of recent important cases.
• 11 October 2018, National Judicial College of Australia, Family Violence Training for the Judiciary Program, Federal Circuit Court of Australia, Sydney.
• 2 November 2018, Hong Kong Judicial Delegation, Family Court of Australia, Sydney registry. Paper presented: An overview of family law in Australia.
• 21 November 2018, Family Court of Australia, Sydney registry. Paper presented: Appeals to the Full Court of the Family Court – preparation and procedure.
• 30 November 2019, National Judicial College of Australia, Family Violence Training for the Judiciary Program, Family Court of Australia, Sydney.
• 3 December 2018, Judicial Delegation from Korea, Family Court of Australia, Sydney registry. Paper presented: An overview of family law in Australia.
• 26–27 March 2019, Pacific Island Legal Officer’s Network Workshop, The Justice System’s Response to Sexual and Gender Based Violence, Apia, Samoa. Paper presented: Vulnerable witnesses in family law proceedings – the Australian experience.
• 29 April 2019–3 May 2019, Australian Indonesia Partnership for Justice 2, a series of lectures and workshops in relation to The best interests of the child in the Family Court of Australia and related family law matters, Aceh and Jakarta, Indonesia.
• 20–21 May 2019, National Judicial College of Australia, Family Law Training for Magistrates, two-day training session for Magistrates Court of Victoria, Victorian Judicial Commission, Melbourne.
• 10–11 June 2019, a series of presentations and workshops including Protecting the best interest of the child in family disputes where there are allegations of child abuse and domestic violence and Specialised handling of children’s cases – Experiences from Australia. UNICEF and Supreme People’s Court of Vietnam, Hanoi, Vietnam.
• 14 June 2019, Legal Aid Commission of NSW Domestic Violence Unit, Sydney. Paper presented: Recent decisions from the Full Court concerning family violence.

The Honourable Justice Murray Aldridge

Conferences or events attended during the year

• 23–24 March 2018, Australian Advocacy Institute, General Advocacy Skills Workshop, Sydney.
• 20–21 April 2018, Australian Advocacy Institute, General Advocacy Skills Workshop, Queensland Law Society, Brisbane.
• 3–4 August 2018, Australian Advocacy Institute, Family Law Advocacy Workshop, Department of Community Services, Sydney.
• 21 November 2018, Judges of the Appeals Division, Sydney. Appeals Division Presentation to members of the profession, Sydney registry. Paper presented: Appeals to the Full Court – Preparation and procedure, crafting grounds and appellate advocacy.
• 23–24 November 2018, Australian Advocacy Institute, Family Law Advocacy Workshop, Department of Community Services, Sydney.
• 3–4 December 2018, Australian Advocacy Institute, Skills for Expert Witnesses, Hong Kong Securities Commission, Hong Kong.
• 22–23 February 2019, Australian Advocacy Institute, Family Law Advocacy Workshop, Queensland Law Society, Brisbane.
• 15–16 March 2019, Australian Advocacy Institute, Family Law Advocacy Workshop, WA Family Law Practitioners.
• 30–31 May 2019, Consultative Council for Australian Law Reporting, CCALR Conference, Brisbane.
• 14–15 June 2019, Australian Institute of Judicial Administration, AIJA Council Conference, Brisbane.

The Honourable Justice Robert Benjamin AM

Professional and other memberships

• Chair, Joint Courts Costs Committee
• Chair, Finance Committee (Family Court)
• Chair, Aboriginal and Torres Strait Islander Outreach Committee (Family Court)
• Law Society Indigenous Issues Committee
• National Judicial College
• Audit Committee
• Policy Advisory Committee (Family Court)
• Chair, Bench Book committee (Family Court)

Conferences or events attended during the year

• 9 July 2018, Family Court Reconciliation Action Plan launch, Melbourne.
• 18 July 2018, Tour Giant Steps Launceston (Giant Steps Tasmania was established in 1995 by a group of dedicated parents and local community supporters who were committed to ensuring focused and specialised education to suit the individualised needs of children on the autism spectrum.)
• 15 August 2018, Family Court of Australia, Hague Convention Meeting, Adelaide.
• 3–4 September 2018, National Judicial College of Australia Victoria, training of State Magistrates.
• 5 September 2018, Australian Property Institute, Hobart.
• 8 September 2018, Eastern Suburbs Family Law Practice Group, annual conference.
• 30 November 2018, National Judicial College of Australia, Family Violence in the Court – A Program for Judicial Officers, Sydney.
• 24–25 January 2019, Law Society Northern Territory, Family law conference, Darwin. Paper presented: Who owns who: planning for the future.
• 16 March 2019, Legal Aid Commission of New South Wales, Child Representation Conference, Sydney.
• 30–31 March 2019, Judicial College of Victoria, Back to Country weekend, Gariwerd Victoria.
• 11–12 April 2019, National Judicial College, State Magistrates Training Program, Hobart. Paper presented: Family law.

The Honourable Justice Victoria Bennett AO

Professional and other memberships

• Administrative Appeals Tribunal, Continuing Presidential Member
• Co-chair, Association of International Family Judges
• Judicial Officers Aboriginal Cultural Awareness Committee
• International Association of Women Judges
• Australian Association of Women Judges
• Association of International Judicial Administration
• Australasian Institute of Judicial Administration
• Victorian Bar Association
• Aboriginal and Torres Strait Islander Outreach Committee
• Association of Family and Conciliation Courts (International and Australian Chapter)
• Member, Magistrates Court of Victoria, Family Violence Taskforce
• Member, Judicial Advisory Group on Family Violence
• Panel Member, Asian Law Centre Review, University of Melbourne

Conferences or events attended during the year

• 2018–19 Law Institute of Victoria mentoring program.
• 17 August 2018, Family Court of Australia, Hague Convention Workshop (part of the AFCC conference), Adelaide. Papers presented: The 1980 and 1996 Conventions and international experience on the role of the child and Scaffolding for safe returns in Hague Convention proceedings.
• 16–18 August 2018, Association of Family and Conciliation Courts (Australian Chapter), Alienation? Myths, Complexities and Possibilities, Adelaide. Papers presented: The 1980 and 1996 Conventions and international experience on the role of the child and Scaffolding for safe returns in Hague Convention proceedings.
• 9 October 2018, Federal Circuit Court of Australia, Annual Plenary 2018, Sydney. Paper presented: Child protection: The 1996 Hague Convention.
• 18 February 2019, International Association of Family Lawyers, Introduction to International Family Law, Sydney. Paper presented: The operation of the 1996 Child Protection Convention.
• 18–19 October 2018, Child Protection and Family Services Agency of Jamaica, the Regional Office for Latin America and the Caribbean, with the support of REUNITE International Child Abduction Centre, Caribbean, Meeting on International Child Protection, Kingston, Jamaica. Papers presented: Child protection: Role of the Network Judge & direct judicial communication, The Role of the Competent Judge in Hague Proceedings and Child protection: The 1996 Hague Convention.
• 24–26 October 2018, The International Hague Network Judges for the United States of America in conjunction with HccH and the Florida International University, Conference of International Hague Network Judges, Miami, Florida. Papers presented: Cooperation between Hague Network Judges and between Hague Network Judges and Central Authorities – sharing experiences and The role of the Hague Network Judge under the 1996 Convention, and its interplay with the 1980 Convention in dealing with return, relocation and access cases (including urgent measures of protection and advance recognition).
• 14 March 2019, Family Courts of New Zealand, represented the Chief Justice of the Family Court of Australia at the swearing in of the Honourable Helen Winkelmann as Chief Justice of New Zealand, Wellington, New Zealand.
• 29 March 2019, Family Justice Courts of Singapore and the Permanent Bureau, HccH, International Symposium on Family Mediation, Singapore. Paper presented: Mediation in Hague return matters.
• 11 April 2019, Attorney-General’s Department, Meeting of State Central Authorities, Chief Justice’s Chambers, Melbourne.
• 23 May 2019, Australian Intercultural Society, Iftar Ramadan home dinner, Keysborough.
• 27 May 2019, Iftar dinner held jointly by Victorian Bar and Australian Intercultural Society, Melbourne.
• 25 June 2019, Supreme Court of Scotland and Scottish Law Reform Commission, Colloque of Scottish judges/ Edinburgh University/the Scottish Law Commission, by invitation, Supreme Court of Scotland, Edinburgh, Scotland. Paper presented: Law reform and the law – Australia’s experiences in the last 20 years.
• 27–28 June 2019, Cambridge Family Law, in conjunction with The University of Cambridge, International Surrogacy Forum, by invitation, The University of Cambridge, Cambridge, United Kingdom.

The Honourable Justice Margaret Cleary

Professional and other memberships

• Association of Family and Conciliation Courts
• Aboriginal and Torres Strait Islander Outreach Committee
• Australian Institute of Company Directors

Conferences or events attended during the year

• 3–4 July 2018, Hunter Valley Family Law Practitioners, Annual Conference, Hunter Valley. Paper presented: Issues when parties obtain their own expert reports in parenting matters.
• 2 October 2018, Hunter Valley Family Law Practitioners, lunchtime seminar, Newcastle Family Court Registry, Paper presented: Financial statements.
• 29–31 October 2018, Newcastle University, MOOTS, Newcastle Family Court registry.
• 28–30 November 2018, Family Court of Australia, annual judges’ conference/DV training, Sydney Family Court registry.
• 29 January 2019, Newcastle Law Society, opening of the Newcastle law term, Newcastle State Courts.
• 20 February 2019, Australian Elements of Judicial Excellence conference, Sydney.
• 3–9 March 2019, Australia Indonesia Partnership for Justice, AIPJ2 conference, Jakarta and Makassar, Indonesia. Paper presented: Family Court of Australia providing information on family law legislation.
• 12 March 2019, Newcastle University, Newcastle Law School Advisory Committee Charter, Newcastle University.
• 17 May 2019, Newcastle University, Sir Ninian Stephen Lecture, Newcastle University.
• 2 June 2019, Association of Family and Conciliation Courts, presentation meeting, Sydney Family Court registry.

The Honourable Justice Ian Loughnan

Professional and other memberships

• New South Wales Bar Association.
• Australasian Institute of Judicial Administration.
• Judicial Conference of Australia.

Conferences or events attended during the year

• 25 March 2019, College of Law, Judges’ Day, Sydney. Paper presented: The range of discretion – the answer or an answer?
• 7–9 June 2019, Judicial Conference of Australia Colloquium, Darwin.

The Honourable Justice Jenny Hogan

Conferences or events attended during the year

• 8 February 2019, Gold Coast District Law Association, meet the judiciary, Sheraton Grand Mirage Hotel, judiciary question time with MC.

The Honourable Justice David Berman

Professional and other memberships

• Judicial Council on Cultural Diversity

Conferences or events attended during the year

• 24–25 January 2019, Law Society of the Northern Territory, Start at the top family law conference, Darwin. Papers presented: Family law and equitable interests: Promises, promises and the latest and greatest.
• 22–23 February 2019, South Australian Bar Association Conference, Novatel, Barossa Valley. Papers presented: Equitable Remedies – Where to from here? and The latest and greatest.
• 5–7 April 2019, Language and the Law Conference, Alice Springs. Paper presented: The confusion of tongues: re-building the power of Babel.

The Honourable Justice Hilary Hannam

Professional and other memberships

• Australasian Institute of Judicial Administration
• Judicial Conference of Australia
• Australian Association of Women Judges
• Taulumande Youth Service – Board Member

Conferences or events attended during the year

• 24–28 September 2018, Pacific Judicial Conference, Samoa.
• 28–30 November 2018, Annual Judges Conference, Sydney.
• 16 March 2019, Toongabbie Legal Centre, Toongabbie Legal Centre Family Law Continuing Professional Development (March 2019). Paper presented: Recent developments in relation to family violence in family law.

The Honourable Justice Catherine Carew

Professional and other memberships

• Association of International Family Law Judges
• Judicial Conference of Australia
• Australian Law Reform Commission Committee

Conferences or events attended during the year

• 27 July 2018, Queensland Young Lawyers and Family Lawyers Practitioners Association, Confidence in the Courtroom conference, Brisbane. Ran a mock interim property hearing to allow participants to observe same and participated in a Q&A session.
• 3–5 August 2018, Hunter Valley Family Law Practitioners Association, Family Law Conference 2018, Hunter Valley. Paper presented: Property settlement – What to advise a client in a short relationship.
• 30 November 2018, National Judicial College of Australia, Family Violence in the courtroom, Sydney.
• 12 December 2018, Family Law Practitioners Association, meeting with FLPA committee and Family Court judges, Brisbane.
• 30 January 2019, Child Dispute Services, The Indigenous Court List, Brisbane (presentation viewed via video link).
• 13 March 2019, Federal Circuit Court of Australia, Strangulation Evidence and Markers, Brisbane.
• 22 March 2019, Family Court of Australia, meeting with president and vice president of the Bar Association of Queensland, Brisbane.
• 28 March 2019, Family Law Practitioners Association, function for the Honourable Justice Murphy, Brisbane.
• 3 April 2019, Daykin Family Law, Junior/Senior Networking Function, Brisbane. Presented on personal experience in family law and did Q & A with attendees.
• 13–15 June 2019, Family Law Practitioners Association, Retreat, Noosa. Acted as judge for The Ethics Skirmish, and presented Case Update.

The Honourable Justice Shane Gill

Professional and other memberships

• ACT Bar Association

Conferences or events attended during the year

• 3–5 October 2018, Family Law Section, 18th National Family Law Conference, Brisbane.
• 13 November 2018, Canberra Region Family Law Professionals Association, Gathering Evidence of Family Violence, Canberra. Joint presentation with Vanita Parekh, AM.
• 30 November 2018, National Judicial College of Australia, Family Violence Training, Sydney.
• 11 February 2019, National Judicial College of Australia, meeting to assist in the development of a document outlining the Australian Elements of Judicial Excellence, Melbourne.
• 2–3 March 2019, National Judicial College of Australia, Judges: Angry? Biased? Burned Out?, Canberra.
• 15–16 March 2019, Legal Aid NSW, Legal Aid Child Representation Conference, Canberra. Paper presented: Interactions with experts.
• 25–27 March 2019, PILON Sexual and Gender Based Violence (SGBV) Working Group, Quality Evidence without Re-Victimisation: Promoting Special Measures for Vulnerable SGBV Complainants, Samoa. Paper presented: Alternative modes of evidence in family violence cases.
• 27–28 June 2019, Judicial College of Victoria, Judicial Peer Support, Melbourne.

The Honourable Justice Joshua Wilson

Professional and other memberships

• Association of International Family Judges
• Australasian Institute of Judicial Administration
• General Council, International Association of Judges
• Judicial Conference of Australia
• Medico-Legal Society
• 4 New Square, Lincoln’s Inn, London
• Professor of Law, Deakin University
• Vice Chairman, International Advocacy Training Council (London and Hong Kong)
• Deputy Chair of Council, International House, University of Melbourne
• Professorial Advisory Board, Professorial Advisory Board, Deakin University
• Steering committee, Hong Kong International Commercial Law conference

Conferences or events attended during the year

• 1 August 2018, Law Society of WA, meet his Honour Judge J D Wilson and followed by Meet the Partners Panel Discussion.
• 13 September 2018, Janet Clarke Hall Oratory Competition, Melbourne.
• 20–23 September 2018, Hong Kong International Commercial Law Conference, Wise Counsel: Litigation and Arbitration in the Asia-Pacific Region.
• 5–7 October 2018, NJAC, Melbourne.
• 10–12 October 2018, Committee for Judicial Studies Conference, Northampton.
• 15–18 October 2018, International Judges Association, Conference, Marrakech.
• 30 October 2018, Australian Bar Association, advanced trial advocacy course, Melbourne.
• 8 November 2018, Industrial Bar Association Dinner, Melbourne.
• 21 November 2018, Australian Bar Association, General law litigation in the Federal Circuit Court – insights from the bench and the bar, Melbourne.
• 28 November 2018, Federal Circuit Court/Victorian Bar/ Deakin University, Pathways to becoming an Associate and practicing at the Bar, Melbourne.
• 6 December 2018, Barristers Committee, Coffee with Silks, Melbourne.
• 8 January 2019, Deakin University, Warrnambool. Paper presented: Trademark Litigation.
• 24 January 2019, Australian Bar Association, Advanced Advocacy Training Intensive – Ten points for an effective final address, Melbourne.
• 29 January 2019, Opening of the legal year, Melbourne.
• 4 February 2019, Bottled Snail Productions, Eliminating Hate Crimes, Melbourne.
• 13 February 2019, Asian Australian Lawyers Association, Asian Cultural norms in the Anglo Australian judicial system, Melbourne.
• 13 February 2019, Deakin University, Deakin LS appreciation evening, Melbourne.
• 21 February 2019, Deakin University, Deakin LS Commencement address/graduation, Melbourne.
• 25 February 2019, Deakin University, Deakin Ethics Speech, Melbourne.
• 13 March 2019, Overcoming Indigenous Family Violence Forum, Melbourne.
• 19 March 2019, Deakin University, Career pathways to the Bar and the court, Melbourne.
• 22 May 2019, Asian Australian Lawyers Association, The William Ah Ket Scholarship 2019, Melbourne.

Professional legal development

The Court’s judges contribute to professional legal development through their membership of, and participation in, professional and research-based associations.

Justice Benjamin AM from the Hobart registry is a part-time Deputy President of the Administrative Appeals Tribunal and Deputy Chair of the Academic Committee of the College of Law, including the continuing development of Master qualifications for practitioners in family law. His Honour also continues to assist the Centre for Legal Studies’ Tasmanian Legal Practice Course and supports the legal practice students at their various functions interacting with the profession.

Justice Strickland from the Adelaide registry is the judge responsible for advising the Chief Justice on matters of law reform. Justice Strickland also represents the Family Court on the Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 Steering Committee and His Honour is the judge responsible for the Family Court’s submission to the Issues Paper and the Discussion Paper of the Australian Law Reform Commission review into the family law system.

Justice Bennett AO from the Melbourne registry is a Continuing Presidential Member of the Administrative Appeals Tribunal; member of the Judicial Officers’ Aboriginal Cultural Awareness Committee; member of the Magistrates Court of Victoria, Family Violence Taskforce; member of the Judicial Advisory Group on Family Violence; and member of the Court’s Aboriginal and Torres Strait Islander Outreach Committee.

Justice Ainslie-Wallace from the Sydney registry is Master Bencher of the Honourable Society of the Inner Temple London; Fellow of the Australian Academy of Law; Chair, College of Law Master of Applied Law (Family Law) Advisory Committee; Adjunct Professor of Law, University of Technology Sydney; Chair of the Australian Advocacy Institute; Chair of the Australian Advocacy Institute Management Committee; Visiting Faculty Member, National Institute for Trial Advocacy (USA); Committee Member, National Judicial College of Australia Dialogues Program; Steering Committee Member, National Judicial College of Australia Family Violence Training Program; Council Member, National Judicial College of Australia; and University of Technology Sydney High Achievers Mentoring Program mentor.

Judges are also involved in the development and conduct of the National Judicial Orientation Program, delivered through the National Judicial College, and teaching for other judicial education bodies throughout Australia.

Judges regularly present to law societies and bar associations in their respective jurisdictions, as well as holding informal meetings with members of the legal profession and participating in stakeholder meetings. Judges are often asked to speak at secondary schools and lecture at law schools about particular topics and their work generally.

Justice Bennett from the Melbourne registry is one of the Hague Network Judges for Australia, Chief Justice the Honourable William Alstergren being the other.

During 2018–19, Justice Bennett undertook direct judicial communication with the following countries:

• United States of America
• Brazil
• United Kingdom
• Fiji, and
• New Zealand.

Visitors to the Court

Judges also host many international delegations and other visitors to the Court. Some of the visits in 2018–19 included:

July 2018

Association of International Family Studies

Briefing luncheon on the Children and young people in separated families: Family law system experiences and needs: Final Report 2018.

New Zealand counsel

Meeting to discuss Australia/New Zealand Hague return cases. Included NZ counsel specialising in Hague matters, Victoria Legal Aid independent childrens’ lawyer; Registrar George, State Central Authority; Victoria Legal Aid mediators; and Justice Bennett from the Melbourne registry.

August 2018

Hong Kong

A delegation from Hong Kong interested in infrastructure, facilities and operation, and mediation services and procedures. Also viewed the family dispute resolution service at Victoria Legal Aid.

October 2018

Australian Central Authority

Meeting with Chief Justice Alstergren and members of the Australian Central Authority.

November 2018

Hong Kong

A Hong Kong Judicial Delegation toured the Family Court’s Sydney registry.

December 2018

Korea

A Korean delegation observed case assessment conferences, court proceedings, visited Relationships Australia, Victoria Legal Aid and the International Social Service in Melbourne.

Appendix 5 External involvement

The Family Court has a number of strategies for strengthening its partnerships with clients and other stakeholders within the family law system, such as legal practitioners, non-government organisations, and government agencies and departments.

External stakeholders at the strategic level influence, either directly or indirectly, the direction of the family law system within Australia.

They include:

• the Attorney-General’s Department
• other government departments and agencies
• child welfare authorities
• the Department of Human Services
• legal services commissions and community legal centres
• law societies and the Law Council of Australia
• community-based and non-government organisations, and
• the Australian Federal Police.

Relationships with these groups are managed either by the Chief Justice, other judges or the Chief Executive Officer and Principal Registrar on behalf of the Chief Justice.

There are several established channels through which external stakeholders can inform the Court and affect its processes and client service delivery, including the following:

Australian Institute of Family Studies

The Australian Institute of Family Studies was established under s 114B of the Family Law Act and is a forum for exchange of information and research.

Family Law Section of the Law Council of Australia

The Chief Justice meets quarterly with the Family Law Section of the Law Council of Australia.

Appendix 6 International cooperation

Fiji

In 2018–19, the Family Court continued its commitment to participate in the Australian Awards program to help develop and strengthen access to justice for family law litigants in Pacific nations.

The Court’s involvement in judicial education in Fiji during 2018 was consolidated in 2019, by further engagement assisted by the consultancy of Law and Development Partners.

In May 2019, Glenda Frew, judgment publications officer, conducted a workshop with Fijian family law registrars, providing tuition on the anonymisation of judgments in readiness for their publication.

In June 2019, Justice Austin attended a two-day judicial conference in Fiji to provide further education to the Fijian judiciary about judgment writing and the anonymisation of family law judgments. The conference coincided with the official launch of the Fijian family law judgments on the PACLii and Fijian judiciary websites. Acting Chief Justice Kumar launched the new initiative, which was attended by the Australian High Commissioner to Fiji, ministers of the Fijian government and other dignitaries of Fijian non-government organisations.

Prior to this, no Fijian family law judgments had been published, either electronically or in print, which was an obstacle to the transparency of and public confidence in the administration of justice in family law litigation. Both the launch and the commitment to publication of family law judgments stimulated considerable media interest and press coverage in Fiji and is lauded as a major step forward in access to justice.

Vietnam

In June 2019, Justices Ryan and Stevenson travelled to Ha Noi to assist UNICEF and the Supreme People’s Court of Vietnam to improve justice for juveniles and children in Vietnam.

A workshop was held over two days to discuss a range of issues and ideas on how to improve the situation of children who come into contact with the justice system. The project was funded by UNICEF as part of the EU Justice and Legal Empowerment Programme (EU JULE).

Day one consisted of online training broadcast to 800 locations across Vietnam for an estimated 16,000 judges and court officials. The training, on minor-friendly and gender-sensitive justice skills and knowledge, was facilitated by UNICEF and conducted by Justices Ryan and Stevenson and Child Justice and Gender Expert, Shelley Casey.

The creation, and now the national rollout of the Family and Juvenile Court to 38 provinces since 2016, is a major milestone for children’s rights. The Family and Juvenile Court is a vital component in the prevention and response to sexual violence against minors. UNICEF encourages the continued roll-out to the remaining provinces. The new Family and Juvenile Court has dedicated judges who are appointed and trained to handle minors’ cases.

Day two was a working meeting to discuss issues related to the hearing of cases involving allegations of sexual and physical abuse of children. Chief Justice, Mr Nguyen Hoan Binh introduced the workshop and emphasised that juvenile justice is a priority. Justice Stevenson spoke on Best interests of the child and Justice Ryan spoke on Protecting the best interests of the child when there are allegations of child abuse or family violence, and on Specialised handling of children’s cases – experiences from Australia.

Samoa

In March 2019, Justices Ryan and Gill travelled to Samoa to present at a PILON sexual and gender based violence workshop.

The Attorney General’s Office of Samoa hosted the workshop, with funding from the Australian Government and the Regional Rights Resource Team of the Pacific Community.

The conference brought together members of the judiciary from across the Pacific, as well as senior lawyers and police from 14 Pacific Island countries, including Fiji, Cook Islands, Federated States of Micronesia, Kiribati, Nauru, Niue, Papua New Guinea, Palau, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tuvalu, Vanuatu and Tonga.

Sexual and gender-based violence is a significant problem across the Pacific region. The costs of violence to Pacific communities are high and place enormous burdens on health, law and justice and other Government systems.

The Workshop focused on implementing the PILON General Principles for Obtaining the Best Evidence from Vulnerable Witnesses to SGBV, a regional document prepared by PILON for Pacific Island countries. A copy of the General Principles can be found at www.pilonsec.org.

Indonesia

Australia Indonesia Partnership for Justice II

The Family Court of Australia was the first foreign court to engage with the Family Courts for Muslim citizens in Indonesia, known as the Religious Courts. The dialogue continues and work with Indonesia is ongoing under the memorandum of understanding (MOU) on judicial collaboration, signed between the Supreme Court of Indonesia, the Family Court of Australia (Family Court) and the Federal Court of Australia on 31 July 2017.

As part of the Australia Indonesia Partnership for Justice II, funded by the Department of Foreign Affairs and Trade through Australia’s aid program, the Family Court, under the MOU, will engage with the Supreme Court of Indonesia and the jurisdictions it supervises in the following key areas:

• To support the Supreme Court Working Group on Women and Children to improve the quality of services and judicial decisions in cases affecting women and children.
• To support the improvement of the quality of services and outcomes in cases involving women and children in the Religious and General Courts related to:
  • domestic violence issues
  • marriage legalisation cases
  • disputes involving custody and maintenance of children, and
  • other family law and children’s matters.
• To support the Supreme Court to present trend data on access to justice and the quality of services and outcomes in Indonesia for women, children and people living with disability.

The Family Court’s work in Indonesia throughout 2018–19 is detailed below:

July 2018

Justice Ryan visited Jogjakarta and Wonisari in July 2018 where the focus was on working with people with disabilities and rights of the child. Along with Law and Development Partners, the meetings in these locations (with the judiciary and Indonesian Community Service Organisations such as Rumah Kitab) and Jakarta focussed on the importance of understanding the barriers and challenges faced by women and people living with a disability accessing courts. This included work on a common application form, collection and reporting on sex and disability disaggregated data and legal aid.

March 2019

In March 2019, Justice Cleary participated in a workshop in Jakarta with Indonesian judges, developing rules around applications for dispensation of age limit for young people to marry.

The Supreme Court of Indonesia ruled in 2017 that laws which provide for different ages when men and women may marry are unconstitutional and work is underway to settle on a common marriageable age for both men and women. There is a delicate balance between the move to a uniform minimum age and acknowledgement that there continues to be a significant number of underage marriages, including without a judge granting a dispensation as required by law.

This is the first time that a judge of the Family Court of Australia has attended events in Makassar, South Sulawesi. Justice Cleary participated in a panel discussion with a range of local organisations concerned with the progress of women and children and in dealing with violence. Justice Cleary also presented on the methods of determining the best interests of a child.

On International Women’s Day Justice Cleary was included in a panel with Hon Takdir Rahmadi (Justice of the Supreme Court of Indonesia) between the Supreme Court and local media. The focus was on the difficulties of enforcing orders for spouse maintenance and child maintenance in Indonesia and interest in how Australian law deals with such financial support.

May 2019

In May 2019, Justice Ryan visited Aceh to meet with judges of the Acehnese religious courts, the Mahkamah Syariah. Across Indonesia, the Religious Courts had approximately 560,000 cases last year, of which 450,000 were family law cases. The applicants are overwhelmingly women (70 per cent) and they approach the Religious Courts to formalise their marriage or divorce, to seek custody of children and financial support to raise them and to live free from violence within the home.

Justice Ryan spoke about divorce and the fundamental principles of the Australian family law system, including principles as to marriage, divorce, child and spousal support and how a judge determines the best interests of the child.

The consultations included a visit to PEKKA (with whom the Family Court has a well-established relationship) at Besar Aceh. PEKKA is a women headed household empowerment program. It was established in 2000 based on an idea by the National Commission on Violence against Women. Originally called the Widows Project, it is funded by a grant from the Japan Social Development Fund. It has evolved into a comprehensive empowerment program and helps economically disadvantaged women who have no specific status or children born out of wedlock.

In Jakarta, Justice Ryan met with A/g DG Pak Boy Chandra and Badilag. Her Honour reported on the meetings in Aceh and the issues arising therefrom, including the problem of women and children not receiving spouse and child maintenance. This was followed by a larger meeting with senior judges and registrars of the religious courts in and around Jakarta.

The final day was focussed on preparation of a draft regulation (PERMA) concerning ‘Guidelines for Marriage Dispensation Case Handling in General and Religious Courts’ which will be settled by the Supreme Court of Indonesia.

Appendix 7 Contact details

Chief Justice’s Chambers

Owen Dixon Commonwealth Law Courts
305 William Street
Melbourne VIC 3000

(GPO Box 9991, Melbourne VIC 3001)

National Enquiry Centre

The National Enquiry Centre (NEC) is the entry point for all family law telephone and email enquiries for the Family Court of Australia and Federal Circuit Court of Australia. The NEC provides information and procedural advice, forms and brochures, and referrals to community and support services. NEC staff cannot provide legal advice. The NEC is open from 8.30am to 5.00pm Monday to Friday.

PO Box 9991,
Parramatta NSW 2124

Phone: 1300 352 000

TTY/voice calls: Contact the National Relay Service on 133 677 or for Speak and Listen calls contact 1300 555 727

International: +61 2 8892 8590

Email: enquiries@familylawcourts.gov.au

Family Court website: www.familycourt.gov.au

Twitter: @FamilyCourtAU

YouTube: www.youtube.com/user/familycourtAU

Family Law Registries

Australian Capital Territory

Canberra

Nigel Bowen Commonwealth Law Courts
Cnr University Ave and Childers Street
Canberra ACT 2600

(GPO Box 9991, Canberra ACT 2601)

New South Wales

Albury

Level 1, 463 Kiewa Street
Albury NSW 2640

(PO Box 914, Albury NSW 2640)

Dubbo

Cnr Macquarie and Wingewarra Streets
Dubbo NSW 2830

(PO Box 1567, Dubbo NSW 2830)

Lismore

Level 2, 29–31 Molesworth Street
Lismore NSW 2480

(PO Box 9, Lismore NSW 2480)

Newcastle

61 Bolton Street
Newcastle NSW 2300

(PO Box 9991, Newcastle NSW 2300)

Parramatta

Garfield Barwick Commonwealth Law Courts
1–3 George Street
Parramatta NSW 2124

(PO Box 9991, Parramatta NSW 2124)

Sydney

Lionel Bowen Commonwealth Law Courts
97–99 Goulburn Street
Sydney NSW 2000

(GPO Box 9991, Sydney NSW 2001)

Wollongong

Level 1, 43 Burelli Street
Wollongong NSW 2500

(PO Box 825, Wollongong NSW 2500)

NORTHERN TERRITORY

Alice Springs

Westpoint Building
Cnr Railway Terrace and Stott Terrace
Alice Springs NT 0870

(GPO Box 9991, Darwin NT 0801)

Darwin

Supreme Court Building
State Square
Darwin NT 0800

(GPO Box 9991, Darwin NT 0801)

QUEENSLAND

Brisbane

Harry Gibbs Commonwealth Law Courts
119 North Quay
Brisbane QLD 4000

(GPO Box 9991, Brisbane QLD 4001)

Cairns

Commonwealth Government Centre
Level 3 and 4
104 Grafton Street
Cairns QLD 4870

(PO Box 9991, Cairns QLD 4870)

Rockhampton

Virgil Power Building
Ground Floor
46 East Street (Cnr Fitzroy Street)
Rockhampton QLD 4700

(PO Box 9991, Rockhampton QLD 4700)

Townsville

Level 2, Commonwealth Centre
143 Walker Street
Townsville QLD 4810

(PO Box 9991, Townsville QLD 4810)

SOUTH AUSTRALIA

Adelaide

Roma Mitchell Commonwealth Law Courts
3 Angas Street
Adelaide SA 5000

(GPO Box 9991, Adelaide SA 5001)

TASMANIA

Hobart

Edward Braddon Commonwealth Law Courts
39–41 Davey Street
Hobart TAS 7000

(GPO Box 9991, Hobart TAS 7001)

Launceston

Level 3, ANZ Building
Cnr Brisbane and George Streets
Launceston TAS 7250

(PO Box 9991, Launceston TAS 7250)

VICTORIA

Dandenong

53–55 Robinson Street
Dandenong VIC 3175

(PO Box 9991, Dandenong VIC 3175)

Melbourne

Owen Dixon Commonwealth Law Courts
305 William Street
Melbourne VIC 3000

(GPO Box 9991, Melbourne VIC 3001)

WESTERN AUSTRALIA

Perth

Family Court of Western Australia
Peter Durack Commonwealth Law Courts
150 Terrace Road Perth WA 6000

(GPO Box 9991, Perth WA 6848)

Appendix 8 Information required by other legislation

Table A8.1: Information required by other legislation

Legislation	Page
Courts Administration Legislation Amendment Act 2016	11, 63
Courts Legislation Amendment (Judicial Complaints) Act 2012	29
Family Law Act 1975	10, 14, 26, 32, 33, 38, 40, 41, 44, 48, 54, 55, 59, 64, 76
Freedom of Information Act 1982	58, 59
Privacy Act 1988	59
Public Governance, Performance and Accountability Act 2013	55, 62
Public Service Act 1999	48, 63