Appendix 1: Outcome and program statement – Federal Circuit Court of Australia
Appendix 2: Staffing profile
Appendix 3: Freedom of information
Appendix 4: Committees
Appendix 5: External involvement
Appendix 6: Judge activities
Appendix 7: Contact details
Appendix 8: Information required by other legislation

Appendix 1: Outcome and program statement – Federal Circuit Court of Australia

Table A1.1: Outcome 3 – Federal Circuit Court of Australia

Outcome 3: Apply and uphold the rule of law for litigants in the Federal Circuit Court of Australia through more informal and streamlined resolution of family law and general federal law matters according to law, through the encouragement of appropriate dispute resolution processes and through the effective management of the administrative affairs of the Court.

Budget
16–17
($’000)

Actual
16–17
($’000)

Variation

($’000)

Program 3.1 – Federal Circuit Court of Australia

Administered Expenses

1,164

3,063

-1,899

Departmental Appropriation

89,784

88,441

1,343

Expenses not requiring appropriation in the budget year

602

557

45

Total for Program 3.1

91,550

92,061

-511

Total expenses for outcome 3

91,550

92,061

-511

Average staffing level (number)*

504

497

* Please note that average staffing levels have been compared with budgeted figures rather than prior year figures. This is due to the amalgamation of the commonwealth courts corporate services on 1 July 2016, which makes comparison with prior years not meaningful.

The full financial statements can be found in Appendix 1 of the Federal Court of Australia’s 2016–17 annual report.

Appendix 2: Staffing profile

As at 30 June 2017, the Federal Circuit Court had a total workforce of 560 employees.

Of the Court’s 560 employees:

  • 128 (23 per cent) were male and 432 (77 per cent) were female, and
  • 440 (79 per cent) were ongoing employees and 120 (21 per cent) were non-ongoing employees.

The following tables show staff statistics by location, gender, full-time and part-time status, and ongoing and non-ongoing.

Table A2.1: Staff by location

Level

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

Total

APS01

1

1

APS02

1

12

10

5

13

41

APS03

5

64

3

29

13

7

37

158

APS04

5

51

1

25

10

3

32

1

128

APS05

4

35

2

19

4

4

25

1

94

APS06

1

7

3

3

2

16

EL01

3

33

13

6

7

21

83

EL02

1

13

10

3

1

5

33

SES01

2

1

2

5

SES02

1

1

Total

20

218

6

110

44

22

138

2

560

Note: Actual occupancy at 30 June 2017 includes full and part-time staff with the exception of judicial officers and casual employees. All figures are based on actual headcount.

Table A2.2: Staff by gender

Level

Gender

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

Total

APS01

Female

0

Male

1

1

APS02

Female

1

8

7

5

9

30

Male

4

3

4

11

APS03

Female

4

44

2

20

8

6

30

114

Male

1

20

1

9

5

1

7

44

APS04

Female

3

40

1

18

8

3

23

96

Male

2

11

7

2

9

1

32

APS05

Female

4

26

2

18

4

3

21

1

79

Male

9

1

1

4

15

APS06

Female

1

6

3

3

2

15

Male

1

1

EL01

Female

3

28

11

5

7

18

72

Male

5

2

1

3

11

EL02

Female

1

11

5

2

4

23

Male

2

5

1

1

1

10

SES01

Female

1

2

3

Male

1

1

2

SES02

Female

0

Male

1

1

Total

20

218

6

110

44

22

138

2

560

Note: Judicial officers and the Chief Executive Officer and Principal Registrar, who are holders of public office, and casual employees, are not included in the above table.

Table A2.3: Staff by attendance status

Level

Attendance

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

Total

APS01

Full-time

0

Part-time

1

1

APS02

Full-time

9

7

3

8

27

Part-time

1

3

3

2

5

14

APS03

Full-time

5

49

3

22

12

5

25

121

Part-time

15

7

1

2

12

37

APS04

Full-time

5

38

1

24

7

3

28

1

107

Part-time

13

1

3

4

21

APS05

Full-time

4

32

2

18

4

4

23

1

88

Part-time

3

1

2

6

APS06

Full-time

1

6

2

3

2

14

Part-time

1

1

2

EL01

Full-time

2

20

11

3

4

9

49

Part-time

1

13

2

3

3

12

34

EL02

Full-time

1

8

7

2

1

5

24

Part-time

5

3

1

9

SES01

Full-time

2

1

2

5

Part-time

0

SES02

Full-time

1

1

Part-time

0

Total

20

218

6

110

44

22

138

2

560

Note: Judicial officers and the Chief Executive Officer and Principal Registrar, who are holders of public office, and casual employees, are not included in the above table.

Table A2.4: Ongoing staff by location and classification

Level

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

Total

APS01

1

1

APS02

9

3

4

11

27

APS03

2

56

3

24

11

4

31

131

APS04

2

34

19

9

2

16

1

83

APS05

3

24

2

17

4

4

18

1

73

APS06

1

7

3

3

2

16

EL01

3

30

12

6

6

17

74

EL02

1

11

9

3

1

5

30

SES01

2

1

2

5

SES02

0

Total

12

174

5

88

40

17

102

2

440

Note: Judicial officers and the Chief Executive Officer and Principal Registrar, who are holders of public office, and casual employees, are not included in the above table.

Table A2.5: Non-ongoing staff by location and classification

Level

ACT

NSW

NT

QLD

SA

TAS

VIC

Total

APS01

0

APS02

1

3

7

1

2

14

APS03

3

8

5

2

3

6

27

APS04

3

17

1

6

1

1

16

45

APS05

1

11

2

7

21

APS06

0

EL01

3

1

1

4

9

EL02

2

1

3

SES01

0

SES02

1

1

Total

8

44

1

22

4

5

36

120

Note: Judicial officers and the Chief Executive Officer and Principal Registrar, who are holders of public office, and casual employees, are not included in the above table.

Table A2.6: Indigenous staff by location, gender and employment status

Employment
status

Gender

ACT

NSW

NT

QLD

SA

TAS

VIC

Total

Non-ongoing

Female

0

Male

1

1

Ongoing

Female

3

1

1

5

Male

1

1

Total

0

5

0

1

1

0

0

7

Indigenous employment

At 30 June 2017, the Court had seven employees who identified as Indigenous (five female and two male), 1.25 per cent of total employee numbers.

Judicial officers

At 30 June 2017, the Federal Circuit Court had 63 judges, including the Chief Judge; 26 female and 37 male.

Table A2.7: Number of judges, at 30 June 2017

Location

Judges

Australian Capital Territory

3

New South Wales

23

Northern Territory

1

Queensland

13

South Australia

5

Tasmania

2

Victoria

15

Western Australia

1

Total

63

Note: this does not include Judge Myers AM who is currently on secondment as the Commissioner of the Australian Law Reform Commission inquiry into the incarceration rate of Indigenous Australians.

Workforce turnover

During 2016–17, 112 employees left the Court (57 were non-ongoing, 55 were ongoing employees), representing an annual turnover rate of 20 per cent against total employee numbers at 30 June 2016.

Table A2.8: Workforce turnover

Employment type

Reason

Total

Non-ongoing

Age – 60 to 65 years

1

Expiration of contract

25

Resigned

29

Term expired

1

Termination unspecified

1

Ongoing Employee

Age – 60 to 65 years

2

Age – before 60 years

3

Age – over 65 years

3

Inter-department transfer

4

Resigned

40

Voluntary redundancy

3

Total

112

Agreement making

Enterprise Agreement

The Federal Magistrates Court of Australia and Family Court of Australia Enterprise Agreement 2011–2014 continued to operate during 2015–16. The Agreement has a nominal expiry date of 30 June 2014, however, under present arrangements, it will continue to operate after that date until replaced or formally terminated.

At 30 June 2017, 554 Federal Circuit Court employees were covered by the Enterprise Agreement.

Table A2.9: Federal Circuit Court employees covered by the Federal Magistrates Court of Australia and Family Court of Australia Enterprise Agreement 2011–2014

Level

Female

Male

Total

APS01

1

1

APS02

30

11

41

APS03

114

44

158

APS04

96

32

128

APS05

79

15

94

APS06

15

1

16

EL01

72

11

83

EL02

23

10

33

Total

429

125

554

Other agreements

Offers of Australian Workplace Agreements (AWA) to court employees ceased from 13 February 2008, in accordance with government policy; however, at 30 June 2017, seven employees had enforceable AWAs in place.

In some limited cases, the Federal Circuit Court has used common law contracts and determination s 24 instruments pursuant to the Public Service Act 1999, to build upon existing AWA arrangements.

During the reporting period the Court had a total of:

  • seven employees on Australian Workplace Agreements (includes four SES staff)
  • seven employees on common law contracts (includes two SES staff)
  • three employees on individual flexibility agreements (includes one SES staff), and
  • one employee on a determination s 24 arrangement.

Non-salary benefits

Non-salary benefits provided by the Court to employees include motor vehicles, car parking, superannuation, access to salary sacrificing arrangements, computers, including home-based computer access, membership of professional associations, mobile phones, studies assistance, leave flexibilities, workplace responsibility allowances (for example, first aid, chief and deputy fire warden, community language) and airline club memberships.

Performance pay arrangements

The Court’s industrial instruments do not include provision for performance based pay to employees. No employees received performance pay during 2016–17.

Salary ranges and pay rates

Table A2.10: AWA minimum salary ranges by classification

Classification

Salary range ($)

APS02

0

APS03

0

APS04

0

APS05

0

APS06

0

EL01

102,317

EL02

131,082–152,190

SES01

175,000–175,495

SES02

200,495

Senior Executive Service remuneration

Terms and conditions for the Court’s Senior Executive Service employees (SES) are in common law contracts, AWAs and individuals 24(1) determinations made by the Chief Executive Officer and Principal Registrar. SES salaries are benchmarked against other public sector agencies and take account of the Court’s budgetary position and the Government’s workplace bargaining policy.

Table A2.11: Classification structure and pay rates in accordance with the Federal Magistrates Court of Australia and Family Court of Australia Enterprise Agreement 2011–2014*

APS classification

Salary rates on 1 July 2012

Salary rates on 1 July 2013

APS 1

$42,779

$44,063

$43,937

$45,256

$45,745

$47,118

APS 2

$46,841

$48,247

$49,395

$50,877

$51,945

$53,504

APS 3

$54,740

$56,383

$56,129

$57,813

$57,583

$59,310

APS 4

$61,356

$63,197

$62,950

$64,839

$64,562

$66,499

APS 5

$66,325

$68,315

$68,404

$70,457

$70,330

$72,440

APS 6

$72,036

$74,198

$75,867

$78,144

$82,285

$84,754

EL 1

$91,831

$94,586

$95,497

$98,362

$99,161

$102,136

EL 2

$108,424

$111,677

$111,736

$115,089

$120,081

$123,684

$121,079

$125,639

$124,095

$127,818

$127,264

$131,082

*excludes casual employees

Appendix 3: Freedom of information

The Freedom of Information Act 1982 does not apply to any request for access to documents of the Court unless the document relates to matters of an administrative nature. While there is no definition within this Act or the Privacy Act of the term ‘matters of an administrative nature’ the High Court decision in Kline v Official Secretary to the Governor-General and Another [2013] HCA 52 in their joint judgment considering this term pointed out:

[47]…the only documents which courts and specified tribunals, authorities and bodies are obliged to open to increase public scrutiny are those documents relating to the management and administration of registry and office resources.’

There were three Freedom of Information application requests made to the Court for the period 1 July 2016 to 30 June 2017.

Agencies subject to the Freedom of Information Act 1982 are required to publish information to the public as part of the Information Publication Scheme. This requirement, in Part II of the Freedom of Information Act, has replaced the former requirement to publish a Section 8 Statement in an annual report.

An agency plan showing what information is published in accordance with the Information Publication Scheme requirements is accessible from agency websites.

The Freedom of Information and the Information Publication Scheme agency plan for the Federal Circuit Court can be found on the Federal Circuit Court website at:

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/contact-us/freedom-of-information-and-information-publication-scheme

Access to information outside the Freedom of Information Act

Rule 2.08 of the Federal Circuit Court Rules 2001 provides that a search of the Court’s records may be undertaken by the Attorney-General (in family law proceedings), a party, a lawyer for a party, a child representative (in family law proceedings) or a person granted leave by the Court or a registrar. Leave may be granted if a proper interest is shown and may be subject to conditions. In relation to access to documents in general federal law proceedings, the Court applies the same rule as that prescribed by the Federal Court. This Rule identifies certain categories of court documents as being available for inspection without leave.

There are other legislative provisions which limit publication in various proceedings. For example: s121 Family Law Act 1975, s110X Child Support (Registration and Collection) Act 1988 and s91X of the Migration Act 1958. In addition Part 6A of the Federal Circuit Court of Australia Act 1999 gives the Court general power to suppress/prohibit publication of evidence in respect of general federal law provisions (Part XIA of the Family Law Act 1975 deals with suppression and non-publication orders in proceedings under that Act).

Enquiries concerning access to documents or freedom of information matters generally should be directed to:

Chief Executive Officer and Principal Registrar
Federal Circuit Court of Australia 
GPO Box 9991 | Melbourne VIC 3001

or by emailing your request to customer.service@federalcircuitcourt.gov.au

Further advice on making FOI requests may be obtained by calling (03) 8600 4470.

Categories of documents

The Federal Circuit Court registries maintain the following categories of documents on behalf of the Court:

  • documents relating to matters heard by the Court including applications, affidavits, transcripts, orders and copies of judgments
  • registers and indexes of matters coming to the Court, and
  • general correspondence.

The Federal Circuit Court maintains the following categories of documents:

  • general correspondence
  • documents concerning the development and implementation of policy, guidelines and procedures, and
  • documents concerning the Court’s administrative and financial operations.

Other documents

The Court holds and makes available on request a range of documents including brochures, fact sheets and general information leaflets. These are available on the Court’s website at www.federalcircuitcourt.gov.au

Privacy

The Court holds personal information for two purposes, being:

  • help resolve and, if necessary, determine matters before the Court (the judicial purpose), and/or
  • assist in administration (the administrative purpose).

Information used for judicial purposes is held in case files and the case management computer system. This information is exempt from the Privacy Act 1988 and Freedom of Information Act 1982. Other statutory provisions and non-publication powers of the Court, designed to protect parties and their children, are applicable to this information.

Information used for administrative purposes is collected as part of the day-to-day running of the Court. This includes information about:

  • employees of the Court
  • suppliers of goods and services to the Court, and
  • security matters.

The collection, storage and disclosure of this information is governed by the provisions of both the Privacy Act and the Freedom of Information Act.

Appendix 4: Committees

Table G.1 provides details of the membership and functions of the Federal Circuit Court committees, at 30 June 2017.

Table A4.1: Federal Circuit Court Committees, 30 June 2017

Title

Members

Terms of Reference

Aboriginal and Torres Strait Islander Access to Justice Committee

  • Judge Willis (Chair)
  • Judge Sexton
  • Judge Coates
  • Judge Kelly
  • Judge Terry
  • Judge Kemp
  • Judge Myers
  • Judge Small
  • Judge Young
  • Judge Wilson
  • Dr Stewart Fenwick
  • Trent Shepherd
  • Rick Welsh
    (community representative)
  • Dennis Remedio
    (community representative)

How the Federal Circuit Court can improve access to justice in this court for Indigenous litigants.

Case Management Judges Committee

  • Judge Baumann
  • Judge Lapthorn
  • Judge Henderson
  • Judge Riley
  • Judge Cameron
  • Judge Kelly
  • Judge Terry
  • Judge Dunkley
  • Dr Stewart Fenwick
  • Steve Agnew
  • Adele Byrne
  • Benedict Porter
  • Amanda Morris

To assist the Chief Judge and the National Coordinator of Case Management in the case management of the Court and to enhance the adoption of consistent case management practices throughout the Court.

Legal Committee

  • Judge Baumann (Chair)
  • Judge Hartnett
  • Judge Driver
  • Judge Hughes
  • Judge Neville
  • Judge Jones
  • Judge Smith
  • Judge Harper
  • Adele Byrne
  • Steve Agnew

To consider and refer recommendations to the Chief Judge on possible rule amendments and wider legal issues concerning the Court’s jurisdiction.

Policy Advisory Committee

  • Chief Judge Pascoe (Chair)
  • Judge Mead
  • Judge Baumann
  • Judge Coker
  • Judge Emmett
  • Judge Jarrett
  • Judge Hughes
  • Judge Burchardt
  • Judge Spelleken
  • Judge Willis
  • Judge Smith
  • Judge Wilson
  • Steve Agnew
  • Adele Byrne
  • Dr Stewart Fenwick
  • Benedict Porter (Secretariat)

To provide advice to the Chief Judge in relation to the Court’s overall strategies and policies for the delivery of court services.

Finance Committee

  • Chief Judge Pascoe
  • Judge Emmett (Chair)
  • Judge Baumann
  • Judge Driver
  • Judge O’Sullivan
  • Judge Howard
  • Judge Cole
  • Dr Stewart Fenwick

To consider the Court’s budget position and financial affairs generally, and to make recommendations to the Chief Judge where appropriate on policies and procedures in light of expenditure. The committee also assists the Chief Executive Officer and Principal Registrar in the discharge of his obligations arising from the delegation of responsibility for the FCC budget, as part of the broader entity.

Research Ethics Subcommittee

  • Chief Judge Pascoe
  • Judge Baumann
  • Benedict Porter (Secretariat)

To consider, monitor and overview all research and evaluation proposals for approval and disseminate research papers/results as necessary.

Cultural and Linguistic Diversity Committee

  • Judge Nicholls (Chair)
  • Judge Harman
  • Judge Obradovic
  • Judge Small
  • Judge Vasta
  • Jane Reynolds

To identify barriers to access to justice in the FCC for persons from non-English speaking backgrounds.

Identify the relevant issues and develop and implement strategies to overcome such barriers.

Appendix 5: External involvement

The Chief Judge, judges and the Chief Executive Officer and Principal Registrar participate in a range of consultative and strategic forums, including the following:

Family Law Council

The Family Law Council, established by the Attorney-General under section 115 of the Family Law Act 1975, confers with the Court in the course of its consideration of particular aspects of family law. The Court has judges appointed to the council and senior executives as observers at its meetings.

Australian Institute of Family Studies

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

Family Law Forum

The Chief Justice of the Family Court chairs the national Family Law Forum, which consists of representatives from the Family Court, Federal Circuit Court, the Family Law Council, the Family Law Section of the Law Council of Australia, National Legal Aid, the Attorney-General’s Department (AGD), the Department of Social Services, Child Support, the Australian Institute of Family Studies (AIFS), non-government organisations and community legal centres.

Community relations

Local registry consultations and other activities for improved service delivery

Registry managers continue to regularly engage with a number of external groups such as local family law pathway networks, legal aid, bar associations and law societies, local practitioners and practitioners’ associations, community legal centres, family relationship centres, community organisations and support groups, child protection agencies, family violence committees and organisations, state courts, universities and police services.

A highlight of the year was the launch, on 17 May 2017, of the Family Advocacy and Support Services (FASS) program by the Commonwealth Attorney-General, Senator the Honourable George Brandis QC.

The FASS a national, state-based initiative, to be delivered by the various state-based legal aid commissions in family law registries across Australia. It provides parents with a coordinated range of integrated legal (duty) and social support services, to help families affected by family violence. For more information see page 83.

Other external activities for the registries for 2016–17 include:

  • Sydney registry hosted a visit from students from Tranby College who observed court events, underwent a registry tour and met with judges and key staff.
  • Sydney registry hosted visiting judges and court administrators on study tours from Japan. The guests attended court events, toured the registry, met with the judiciary and key staff and received a comprehensive briefing on safety planning and security arrangements in family law.
  • Canberra staff participated in a ‘Service Scramble’ on 15 September 2016, run by Family Law Pathways Network, to bring together services in Canberra working with people going through the family law system.
  • Canberra registry hosted the Philip C Jessup International Law Moot Court Competition on 9 February 2017.
  • The NSW District Court commenced sitting at Parramatta registry, in civil matters, from October 2016. This has enabled an additional criminal court to sit at the Sydney West Trial Court.
  • The Parramatta registry continued to provide facilities for the Aboriginal Legal Service (ALS). ALS provides duty solicitor services at the registry from 9am to 1pm daily, in relation to parenting matters. ALS solicitors also remain at court after these hours, on an as required basis.
  • An extensive continuing legal education program (14 sessions) entitled ‘2017 Young Lawyers Professional Skills Series’ has entered its 2nd year, coordinated predominately by a Parramatta based Federal Circuit Court judge.
  • A seminar on ‘hair-sample drug-testing’ was hosted by the Dubbo registry on 6 June 2017, with Judge Dunkley and members of the Central West legal profession in attendance.
  • The Newcastle registry hosted visits from students from the University of Newcastle as part of their family law training program, as well as high school students conducting mock trials.
  • Brisbane registry continued their ongoing liaison with the Queensland Police Service regarding production of subpoena material in electronic format in November 2016.
  • Brisbane registry consulted with colleagues from the Queensland Magistrates Court and Queensland Department of Justice and Attorney-General in early 2017 regarding the extension of the information exchange arrangements for domestic violence matters.
  • The regional coordinator, Child Dispute Services, in partnership with the Family Law Pathways networks, conducted workshops in Townsville, Cairns, Rockhampton and Mackay on parental alienation, relocation and overnight stays for under three year olds.
  • Dandenong and Parramatta registries were involved in the post-orders intervention pilot, an AGD initiative aimed at supporting high conflict families to resolve their disputes outside the Court and reduce the reliance on litigation. The intake stage ended in June 2017, however the provider in Victoria, CatholicCare, continues to work with the families. A formal evaluation and report are expected in late 2017.
  • Dandenong is one of six registries facilitating the AGD funded AIFS research project about the family law system experiences and needs of young people in separated families. The study commenced in late 2016 and is still in the data collection stage.
  • The Tasmanian registrar convenes and chairs quarterly meetings between the courts, Child Safety Services and Legal Aid Commission Tasmania to raise new developments, discuss stakeholder concerns and review the informal protocol between the Court and Child Safety. In addition, the registrar liaises with Child Safety Services on an ongoing basis.
  • The Tasmanian Family Violence Consultative Committee meeting is convened biannually and includes members of the community sector, Department of Justice (Safe at Home), Department of Health and Human Services, Tasmania Police, Family Advocacy and Support Service, Women’s Legal Service, Commissioner for Children and the Family Court and Federal Circuit Court. The state wide forum is convened by the Senior Family Consultant and has been in existence since 2004 with the membership growing each year. It enables those who support victims of family violence to discuss issues and services, provide advice and influence how clients are supported when going through the family law system and receive updates on what is occurring in the courts. This year discussions included: the cross examination of vulnerable witnesses, family violence screening, the introduction of the FASS, safety plans, the impact of adjournments and consent orders where a party is an alleged victim of family violence.
  • Following the Victorian Royal Commission on Family Violence and the release of the final report which contains over 200 recommendations for change, Judge Bender, the Melbourne Registry Manager, Justice Bennett (Family Court) and the Regional Coordinator of Child Dispute Services regularly attended a Taskforce convened by the Chief Magistrate of the Victorian Magistrates Court. This engagement ensured that we learnt about the changes and developments being contemplated at State level following the Royal Commission Final Report and contributed a perspective from the federal family law jurisdiction, supporting where appropriate and possible any enhancements to management of high risk cross over cases between state and federal courts, for example, exchange of information and orders. 
  • The co-location of a senior Child Protection Practitioner at the Melbourne and Dandenong registries assisted with the passage of information between the Victorian Department of Health and Human Services and the courts in cases where child abuse allegations are filed.  
  • The regional Family Consultant and Senior Registry Staff attended the Albury/Wodonga Family Law Pathways Network meetings. Discussions focussed on the migration to a new website. A new brochure was also commissioned that lists all the authorities which are available to clients requiring assistance. The brochure is also online and has been translated into Nepali.

Appendix 6: Judge activities

Judge activities 2016–17

Welcome ceremonial sittings for 2016–17

  • 7 November 2016, Welcome NSW Silk Bows
  • 15 February 2017, Welcome to Judge Robert Harper
  • 16 February 2017, Welcome to Judge Amanda Tonkin
  • 17 February 2017, Welcome to Judge Anthony Kelly

Farewell ceremonial sittings for 2016–17

  • 15 July 2016, Farewell to Judge James Brewster
  • 28 July 2016, Farewell to Judge Stephen Scarlett
  • 9 November 2016, Farewell to Judge Maurice Phipps

Conferences, presentations, papers and other activities to external organisations

Chief Judge John Pascoe AC CVO

Professional memberships:

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

Conferences or events attended during the year:

  • 12–15 August 2016, 29th LawAsia Conference, Golden Jubilee
  • 26–27 September 2016, Symposium on Cross-Border Disputes Involving Children
  • 31 January 2017, Hague Conference on Private International Law Experts Group on the Parentage / Surrogacy Project, 2nd meeting
  • 18–20 May 2017, ISS Expert Consultation meeting, Principles for a better protection of children’s rights in cross-border reproductive arrangements, in particular international surrogacy

Presentations:

  • 9–10 September 2016, Keynote Address: A View from the Bench, The Centre for Medical Ethics & Law of the University of Hong Kong in conjunction with The Centre for Law, Medicine and Life Sciences, University of Cambridge. International and Comparative Research Project: Eastern and Western Perspectives on Surrogacy
  • 29–30 September 2016, International Family Law Conference, The Future of Family Justice – the Evolving Role of Family Practice and Ethics
  • 6 October 2016, International Justice Mission Australia, Time for Justice, Online Sexual Exploitation of Children
  • 18–21 October 2016, National Family Law Conference, State of the Nation
  • 9 November 2016, Victorian Assisted Reproductive Treatment Authority, Louis Waller Lecture, The Right to Know and Family Law Orders
  • 3 March 2017, College of Law, 2017 Judges’ Day CPD, What is a parent? The changing realities of family and its impact on parenting orders
  • 2–4 May 2017, Youth, Technology & Virtual Communities Conference, Prevent, Protect, Prosecute, The Evils of International Commercial Surrogacy
  • 4–7 June 2017, 7th World Congress on Family Law and Children’s Rights, Violence and the Exploitation of Children: Online Sexual Exploitation of Children

Judge Norah Hartnett

Conferences or events attended during the year:

  • 26 September–1 October 2016, Continuing Professional Education, Pan Europe Asia Business Law Conference, Taormina, Italy

Judge John Coker

Professional memberships:

  • North Queensland Legal Association
  • Queensland Law Society
  • Family Law Practitioners’ Association of Queensland

Conferences or events attended during the year:

  • 18–20 May 2017, North Queensland Law Association, Offermans Partners North Queensland Law Association Conference, presented: The latest and greatest, Hamilton Island
  • 4–7 June 2017, 7th World Congress on Family Law and Children’s Rights, Dublin

Other activities:

  • Assisted with James Cook University Advocacy Course, Townsville
  • 19 November 2016, panel discussion with Justice Forrest, Justice Tree and Judge Coker: Current issues facing the Courts and Practitioners, hosted by Family Law Practitioners’ Association of Queensland
  • 17 February 2017, address to North Queensland Family Law Pathways Network Legal and Community Sector Forum, Townsville
  • 30 May 2017, hosted National Reconciliation Week morning tea, Townsville

Judge Rolf Driver

Professional memberships:

  • International Association of Refugee Law Judges
  • Judicial Conference of Australia
  • Australian Institute of Judicial Administration
  • New South Wales Bar Association
  • Law Council of Australia

Conferences or events attended during the year:

  • 29–30 July 2016, NJCA Facilitation Skills Training, Judicial Commission of NSW
  • 6 October 2016, Human Rights Federal Discrimination Law Launch, Sydney
  • 7–9 October 2016, JCA Colloquium
  • 12 October 2016, Whitmore Memorial Lecture, Sydney
  • 24–25 February 2017, Law Council Immigration Law Conference, Sydney

Judge Michael Jarrett

Professional memberships:

  • Chair, International Framework for Court Excellence Committee
  • Federal Circuit Court Business Processes and Information Technology Committee
  • Federal Circuit Court Associates’ Workload Working Group

Conferences or events attended during the year:

  • 25 August 2016, Qld Bar Association, Current Legal Issues Seminar Series, presented: International migration law and forced migration (with Professor Jane McAdam and Professor Penny Mathew), Brisbane
  • 8–9 November 2016, Courts and Tribunal Academy, Law and Courts in an online world International Conference, Melbourne
  • 18 February 2017, Salvos Legal Humanitarian Family Law Conference, presented: Issues in Parenting Litigation: Matters for Judgment, Brisbane
  • 18 March 2017, Queensland Law Society, QLS Symposium, presented: Security for Costs, Masterclass: To Barrow & Beyond, Brisbane
  • 1 June 2017, FLPA, FLPA’s Early Career Lawyer and Seasoned Practitioner Workshop & Wine Tasting, presented: Process Driven Litigation vs Issues Driven Litigation in Family Law, Brisbane

Other activities:

  • Editor, Reports, Queensland Lawyer, Thomson Reuters
  • Coordinator for Federal Circuit Court Queensland University of Technology Internship Program, Brisbane

Judge Grant Riethmuller

Professional memberships:

  • Law Council of Australia, Family Law Section
  • Judicial Conference of Australia

Conferences or events attended during the year:

  • 6–8 July 2016, International Centre for Family Law, Policy and Practice (in association with Kings College London), Culture, Dispute Resolution and the Modernised Family, London
  • 14 October 2016, Australasian College of Legal Medicine, Expert Witness Training Program, Speaker, Melbourne
  • 18–21 October 2016, 17th National Family Law Conference, chair: When is Enough Enough?; panel member: I married money; I am divorcing a trust, Melbourne
  • 7–11 November 2016, Law and Courts in an Online World, chair: Legal Publishing is Dead, Long Live Legal Publishing; Panel Member: Disrupting the Court Process, Melbourne
  • 7–9 December 2016, Obligations Group Conference 2016, panel chair: The Basis and Future of the Anti-suit Injunction in Australian Private International Law, Melbourne Law School
  • 23 March 2017, Monash University, presented: A day in the life of a family law Judge, Melbourne
  • 5–7 June 2017, 7th World Congress of Family Law and Children Rights, presented: Trust Binding: how far have we come and how far can we go, Dublin

Other activities:

  • Article, Understanding discretionary trust structures in family law (2016), Fam L Rev 165
  • Article: The interests of non-spouses in discretionary trusts in family property cases (2016), 30 Australian Journal of Family Law
  • 13 August 2016, Sunshine Coast Bar, Professional Development Day, Maroochydore
  • 30 August 2016, Lexis Nexis Panel Event, Smart Law: the evolving legal tech landscape, Melbourne
  • 23 February 2017, Melbourne University, Melbourne Law School, Asian Law Centre, meeting with law students from Japan, Melbourne
  • 17–18 March 2017, JCV ‘Back to Country’ weekend, Geelong
  • 23 March 2017, meeting with delegation of Singaporean Registrars, Melbourne
  • Meeting and strengthening ties with visiting Japanese Judge, Melbourne

Judge Nick Nicholls

Professional memberships:

  • Australasian Institute of Judicial Administration
  • Judicial Conference of Australia
  • Hellenic Lawyers Association

Conferences or events attended during the year:

  • 18–19 May 2017, Judicial Council on Cultural Diversity, meeting of the Judicial Council on Cultural Diversity, Parramatta

Other activities:

  • The Judicial Council on Cultural Diversity: FCC representative
  • Cultural and Linguistic Diversity Committee, Chair

Judge Robyn Sexton

Professional memberships:

  • International Women Judges Association, member of the Australian and International Chapters
  • AFCC, Member of International and Australian Chapters

Conferences or events attended during the year:

  • September 2016, Advanced Family Law Day, NSW College of Law, presented: A review of the changing landscape of binding financial agreements and consideration of recent case law and When is a relocation order coercive, and does it really matter?
  • November 2016, Indigenous Family Law Conference, Sydney
  • 27–30 April 2017, Asia Pacific Regional Conference of the International Association of Women Judges, Sydney
  • April 2017, lecture to UTS family law students

Other activities:

  • July 2016, Federal Circuit Court’s Reconciliation Australia morning Tea
  • November 2016, Federal Circuit Court’s Indigenous Law Students Evening
  • May 2017, Federal Circuit Court’s Reconciliation Australia Morning Tea
  • September 2016 – present, Federal Circuit Court’s Indigenous Family Law List
  • Committee Member, Federal Circuit Court Indigenous Access Committee
  • Several external meetings with members of the Aboriginal community
  • Several meetings with the Department of Family and Community Services to discuss Indigenous initiatives at the Court
  • Meetings with Family Advocacy and Support Services and Aboriginal Legal Services

Judge Kevin Lapthorn

Professional memberships:

  • Judicial Conference of Australia
  • Australian Institute of Judicial Administration
  • Association of International Family Judges
  • Family Law Section of the Law Council of Australia
  • Bar Association of Queensland
  • New South Wales Bar Association

Conferences or events attended during the year:

  • 9–16 July 2016, Learned Friends Professional Education, Family Law Legal Conference, Penang, Malaysia
  • 18–20 August 2016, AFCC Australian Chapter Third Annual Conference, Assessing and determining children’s best interests in the flood of family violence claims, workshop titled The challenges of dealing with family violence allegations at interim hearings in the Federal Circuit Court, Brisbane
  • 8–14 April 2017, Learned Friends Professional Education, Legal Conference Violence in the Courtroom! Exploring a Better Way, Hong Kong

Judge Kate Hughes

Professional memberships:

  • Judicial Conference of Australia
  • Family Law Section of the Law Council of Australia

Conferences or events attended during the year:

  • 18–21 October 2016, Law Council of Australia, Family Law Section, National Family Law Conference 2016, presented: When is Enough, Enough?, Melbourne
  • 20 March 2017, Canberra Region Family Law Professionals Association, Advocacy Seminar, presented: Advocacy – The Art of Persuasion, Canberra

Judge Robert Cameron

Professional memberships:

  • NSW Law Society, Honorary Judicial Member
  • International Bar Association

Conferences or events attended during the year:

  • 18–23 September 2016, International Bar Association, Annual Conference, Washington
  • 27–28 April 2017, International Bar Association, Employment Law Conference, Lisbon

Judge Charlotte Kelly

Professional memberships:

  • Law Society of South Australia
  • Women Lawyers Association
  • Australian Association of Women Judges
  • Family Law Section, Law Council of Australia
  • Judicial Conference of Australia
  • NJCA Indigenous Justice (SA Committee)
  • Australian Association of Judicial Administration

Conferences or events attended during the year:

  • 2 September 2016, Women’s Domestic Violence Assistance Service, opening address, Adelaide
  • 10 November 2016, Legalwise Seminar, Family Law Skills: The ‘How To’ Guide to Thrive, opening address, Adelaide
  • 11 November 2016, CLE Law Society, Hypothetical, Adelaide
  • 2 March 2017, Legal Services Commission of South Australia, ICL forum, panel member: Ethical issues facing family lawyers and ICLs, Adelaide
  • 27 May 2017, Family Law Section, Law Council of Australia, Family Law Intensive, panel member, Adelaide
  • 30 May 2017, Federal Circuit Court, Reconciliation Week event, meeting and afternoon tea with Aboriginal and Torres Straits Islander law students, introducing them to the work of the Federal Circuit Court and the Court’s Reconciliation Action Plan, Adelaide

Judge Janet Terry

Conferences or events attended during the year:

  • 19–20 January 2017, Start at the Top Conference, presented: Self-represented litigants, Darwin
  • 12–13 May 2017, Family Violence Conference, paper on the Notice of Risk and participation on a panel of judicial officers, Newcastle

Judge Dale Kemp

Professional memberships:

  • International Bar Association

Conferences or events attended during the year:

  • 27 July 2016, Aboriginal Legal Service meeting, Indigenous access to justice, Redfern
  • 2 August 2016, University of NSW Continuing Legal Education, Family Law Update, Sydney
  • 12 September 2016, Chartered Accountants Institute of Australia, Valuation evidence in family law matters, Melbourne
  • 18–23 September 2016, International Bar Association, Annual Conference, Washington
  • 12 October 2016, Council of Australasian Tribunals (NSW), Whitmore Lecture Judicial Review and the Shifting Sands of Legal Unreasonableness, Sydney
  • 13 October 2016, Cambodian Children’s Fund, Gala Dinner, Doltone House, Sydney
  • 14 November 2016, Centre for Independent Studies, Annual Acton Lecture, Tim Wilson, Sydney
  • 23 November 2016, Law Society of NSW, Judicial reception, Sydney
  • 29 November 2016, Federal Circuit Court, outreach to indigenous law students, Sydney
  • 7 February 2017, Federal Court of Australia, 40th Anniversary of the Federal Court of Australia, Sydney
  • 27 March 2017, Law Society of NSW, Philip Ruddock’s Farewell, Sydney
  • 21 April 2017, Federal Court of Australia, Ceremonial Sitting to welcome Honourable Justice Lee, Sydney
  • 27 April 2017, Anglo-Australasian Lawyers Society, Dr Google & Mr Austlii QC: the rule of Lawyers in the Age of the Internet by the Hon. Justice Stephen Gageler AC, Sydney
  • 3 May 2017, Law Council of Australia, IBA Briefing Conference, Sydney
  • 4 May 2017, Religion & Civil Society, 2017 Acton Lecture: Civic Virtues & the Politics of Full Drift Ahead, Sydney
  • 4–7 June 2017, 7th World Congress on Family Law and Children’s Rights, Conference, Dublin

Judge Susan Purdon-Sully

Professional memberships:

  • Honorary membership, Queensland Law Society
  • International Academy of Matrimonial Lawyers
  • Judicial Conference of Australia
  • Multicultural Youth Empowerment Strategy
  • Association of Family and Conciliation Courts
  • Australian Association of Women Judges
  • Women Lawyers Association of Qld Inc.
  • International Association of Women Judges
  • Supreme Court of Queensland Library Collection Selection Sub-Committee
  • Family Law Practitioners Association

Conferences or events attended during the year:

  • 11 July 2016, Law Year Church Service, St John’s Cathedral, Brisbane
  • 23 July 2016, AAWJ retirement dinner of Her Honour Judge Sarah Bradley
  • 11 August 2016, Supreme Court Library subcommittee meeting
  • 20 August 2016, Supreme Court Library event, ‘Discerning Judgment’ exhibitions program, Brisbane
  • 19 September 2016, Practitioners Seminar, Southport
  • 14 October 2016, Annual Meeting and luncheon, Selden Society’s Queensland members, Supreme Court Library, guest speaker The Honourable Justice Glenn Marin AM, Brisbane
  • 19 October 2016, Intellectual Property Society of Australia and New Zealand, Annual Judges Dinner
  • 24 October 2016, meeting with Philippa Miller-Ibos from Family Law Pathways Network
  • 24 October 2016, Australian Academy of Law, Public Lecture, Queensland Court of Appeal: The First 25 Years, The Hon Dr Kevin Lindgren AM QC, Brisbane
  • 27 October 2016, Justices of the US Supreme Court, Justice Sandra Day O’Connor, Selden Society 2016 Lecture Series, Supreme Court Library Queensland
  • 3 November 2016, Supreme Court Library subcommittee meeting
  • 17 November 2016, Legal Profession Breakfast, Lismore
  • 18 November 2016, Far North Coast Law Society Professionals, Luncheon
  • 21 November 2016, Family Law Pathways Network, Breakfast
  • 30 November 2016, Supreme Court Library, end of year celebration, Brisbane
  • 14 December 2016, Judiciary Christmas Greetings event and morning tea, Banco Court
  • 9 February 2017, Supreme Court Library subcommittee meeting
  • 9 February 2017, Chair IAML Hague Subcommittee teleconference meeting
  • 1 March 2017, FLPA Meeting, regular pro bono mediations
  • 6 March 2017, Practitioners Seminar, Southport
  • 16 March 2017, Supreme Court Library, 2017 Oration event, Banco Court
  • 22–26 March 2017, 2017 IAFL – European Chapter Meeting, Lisbon
  • 11 April 2017, AAWJ dinner for The Hon. Justice Margaret McMurdo AC, President of the Court of Appeal of Queensland, Brisbane
  • 4 May 2017, Supreme Court Library subcommittee meeting
  • 26 May 2017, 2017 National Reconciliation Week, morning tea
  • 19 June 2017, Practitioners Seminar, Southport

Other activities:

  • 17 August 2016, swearing in of Her Honour Fleur Kingham JDC as a Member and as President of the Land Court of Queensland
  • 25 November 2016, valedictory ceremony in honour of the Honourable Justice Peter Lyons, Banco Court
  • 10 February 2017, Swearing in of The Honourable Justice Susan Brown as a Judge of the Supreme Court of Queensland, Banco Court
  • Meetings as Member, Committee of AAWJ
  • Meetings as Member, Humanitarian Sub-Committee AAWJ
  • Meetings as Member, Supreme Court of Queensland Library Selections Committee
  • Meetings as Member, Family Law Section Law Council of Australia

Judge Margaret Cassidy

Professional memberships:

  • Bar Association of Queensland
  • Women’s Lawyers Association of Queensland
  • Australian Association of Women Judges
  • Judicial Conference of Australia

Conferences or events attended during the year:

  • 21–23 July 2016, QLS and FLPA Family Law Residential 2016, Gold Coast
  • 18–21 October 2016, Law Council of Australia, Family Law Section, National Family Law Conference 2016, Melbourne
  • 17 November 2016, Family Law for Young Practitioners, presented: Insights from the Bench, Brisbane
  • 18 February 2017, Salvos Legal Humanitarian, Humanitarian and Family Law Conference, presented: Advocacy and Etiquette, Brisbane
  • 29 March 2017, Hellenic Australia Lawyers Association, Rules and Values in Law: The Ever Present Influence of Greek Philosophy, Brisbane

Judge Evelyn Bender

Professional memberships:

  • Associate of Family and Conciliation Courts
  • Australian Association of Women Judges
  • International Association of Women Judges
  • Member of the Judicial Advisory Group
  • Magistrates Court of Victoria Family Violence Taskforce
  • National Judicial College of Victoria

Conferences or events attended during the year:

  • 19 October 2016, Law Council of Australia, Family Law Section, National Family Law Conference 2016, Melbourne
  • 18 November 2016, Family Law Courts, Family Violence Taskforce Conference, Sydney
  • 15 March 2017, Law Institute of Victoria, Professional Development Seminar, panel member on a discussion of the recent developments in family law, Melbourne
  • 16 March 2017, Law Institute of Victoria, Professional Development Seminar, panel member on a discussion of interim parenting matters, Melbourne

Judge Anne Demack

Professional memberships:

  • Association of International Family Judges
  • Bar Association of Queensland
  • Australian Association of Women Judges
  • Family Law Practitioners Association
  • Family Law Section of the Law Council of Australia

Conferences or events attended during the year:

  • 21–23 July 2016, Family Law Practitioners Association Conference, Gold Coast
  • 14–15 August 2016, FCC Plenary, Cairns
  • 14–15 October 2016, Central Queensland Law Association Conference, Rockhampton
    17 November 2016, Family Law Pathways Network, presented: Gaps in Knowledge – our known unknowns; Social scientists and lawyers each bring something different to the work we do with separating families. What is it that each sector is missing? How can we fill those gaps in our knowledge?

Other activities:

  • 18 July 2016, opening of the Law Year Church Service, Rockhampton
  • 17 August 2016, welcoming ceremony for Her Honour Fleur Kingham
  • 25 October 2016, Mackay Children’s Contact Centre Annual General Meeting
  • 9 December 2016, Central Queensland Law Association Christmas Function
  • 24 March 2017, retirement ceremony for Justice McMcurdo, President Court of Appeal
  • 11 April 2017, Australian Association of Women Judges Dinner for the Retirement of Justice McMurdo
  • 2 June 2017, welcoming ceremony in Rockhampton for Magistrate Benson
  • 10 June 2017, Central Queensland Law Association, Ball, Rockhampton
  • 15 June 2017, training with solicitors from Office of Child and Family Official Solicitor

Judge Terry Mcguire

Conferences or events attended during the year:

  • 18–21 January 2017, Northern Territory Law Society, Family Law Conference, presented: The Rule of Law, Darwin
  • 9 May 2017, North West Young Lawyers, Lecture Seminar, Ethics, Devonport, Tasmania
  • 25 May 2017, Legal Aid Commission of Tasmania, Independent Children’s Lawyer State Conference, Boundaries of the Independent Children’s Lawyer, Tasmania
  • 26 May 2017, Family Law Practitioners (Tasmania), State Conference, joint presentation with Judge Baker and Justice Benjamin: Etiquette; Facebook and social media and Secret Recordings, Tasmania

Judge David Dunkley

Professional memberships:

  • Family Law Section, Law Council of Australia

Conferences or events attended during the year:

  • 19–21 October 2016, Family Law Section, Law Council of Australia, National Family Law Conference, Melbourne
  • January 2017, Law Society of the Northern Territory, Start at the Top family law conference, Darwin
  • 27 March 2017, Greater Sydney Family Law Pathways Network, Q&A Panel, Doltone House, Sydney
  • 24 May 2017, NSW Crown Solicitors Office, care and protection team and clients, NSW Parliament House, Sydney

Judge Barbara Baker

Professional memberships:

  • Australian Institute of Family Law Arbitrators and Mediators, Board Member

Conferences or events attended during the year:

  • 19–21 October 2016, Law Council of Australia, Family Law Section, National Family Law Conference 2016, Melbourne
  • 9 April 2017, College of Law, Legal Practice students, presented: Overview of the Federal Circuit Court, Hobart
  • 5 May 2017, Moot Court, University of Tasmania, presented: Presiding over Interim Hearings for Legal Practice, Hobart
  • 26–27 May 2017, Family Law Practitioners 2017 State Conference, panel member: Etiquette, Social Media and Secret Recordings, presented: Listening Devices – Should they be used in Family Law Proceedings? Are the Recordings Admissible?, Launceston

Judge Geoffrey Monahan

Professional memberships:

  • International Bar Association
  • Association of International Family Judges
  • Law Council of Australia, Family Law Section
  • Law Society of NSW, Judicial Member

Conferences or events attended during the year:

  • 17–23 September 2016, International Bar Association, IBA Annual Conference 2016, Session Co-Chair of Rights of the child: examining how a child’s view is, or should be, heard by the courts, Washington DC USA
  • 10 March 2017, organised by Television Education Network Pty Ltd and sponsored by Sound Education, The Second Annual Melbourne Family Law Conference, presented: International Parenting Disputes: When Home is Across the Border, Melbourne
  • 24 March 2017, Television Education Network Pty Ltd, The Eleventh Annual Estate Planning Conference, presented: Family Law, Inheritance and Asset Protection, Melbourne
  • 24–27 May 2017, International Bar Association, International Bar Association Mid-Year Meetings 2017, Belfast, Northern Ireland

Other activities:

  • Senior Vice Chair of the Judges Forum, International Bar Association
  • Family Law Review, Thomson Reuters Australia, Editorial Board, ongoing and Editor, Recent cases, ongoing
  • Book – L Young, A Sifris; R Carroll, G Monahan, Family Law in Australia, published by LexisNexis Butterworths (9th edition, 2016)
  • Book – L Young, M A Kenny, G Monahan, Children and the Law in Australia, published by LexisNexis Butterworths (2nd edition, 2017)

Judge Peter Cole

Professional memberships:

  • Judicial Conference of Australia
  • Law Society of South Australia
  • Law Society of Western Australia
  • Australian Institute of Judicial Administration
  • Association of International Family Judges
  • Family Law Practitioners Association WA and QLD
  • Family Law Council, Family Law Section

Conferences or events attended during the year:

  • 29–31 July 2016, FLPA (WA), WA Family Law Conference, Perth
  • 20 August 2016, Association of Family and Conciliation Courts, Third Annual Australian Conference, Brisbane
  • 18–21 October 2016, Law Council of Australia, Family Law Section, National Family Law Conference 2016, Melbourne
  • 18 October 2016, Second Independent Children’s Lawyers Conference, Melbourne
  • 17–18 November 2016, Family Court of WA, FCWA Conference, Perth
  • 18–20 January 2017, NT Law Society, Family Law Conference, Darwin
  • 23 February 2017, AC Care Mount Gambier, presented Judge Turner’s paper Possible impacts of children living in an ICE household, Mount Gambier

Judge Josephine Willis

Professional memberships:

  • The Australian and International Association of Women’s Judges
  • Australian Institute of Judicial Administration
  • Judicial Council of Australia
  • Bar Association of Queensland, Associate Member
  • Family Law Section of the Law Council of Australia
  • Family Law Practitioners Association Queensland
  • The Association of International Family Judges
  • Life Member – North Queensland Women’s Legal Service
  • Federal Circuit Court of Australia Aboriginal and Torres Strait Island Access to Justice Committee
  • Federal Circuit Court of Australia Reconciliation Action Plan working group, Chair
  • The Judicial Council of Cultural Diversity, Chief Judge representative

Conferences or events attended during the year:

  • 22 September 2016, Judicial Council of Cultural Diversity, two day meeting involving Aboriginal and Torres Strait Islander workers in the justice system, Alice Springs
  • 25 January 2017, Judicial Education, Brisbane

Other activities:

  • 7 July 2016, Family Law Practitioners Association, Helpful tips in the Federal Circuit Court of Australia, Cairns
  • 21 October 2016, guest speaker, North Queensland Women’s Legal Service 20th anniversary dinner, Cairns.
  • 24 March 2017, Family Law Practitioners Association, panel session Risk Management Issues, Cairns
  • 19 May 2017, North Queensland Law Association, presented: Latest and Greatest of the Federal Circuit Court of Australia, Hamilton Island
  • 31 May 2017, National Reconciliation Week event, Cairns
  • Founding member and attendance at Cairns Aboriginal and Torres Strait Islander Family Law pathways group meetings
  • Aboriginal and Torres Strait Islander Student Mentor, Far North Queensland Law Association, student mentor program

Judge Leanne Turner

Conferences or events attended during the year:

  • 28 July 2016, Judge Scarlett’s Farewell Ceremonial Sitting, Sydney
  • 18 October 2016, Second Independent Children’s Lawyers Conference, presented: Drugs and family law, Melbourne
  • 4 November 2016, Legal Aid Conference, Adelaide
  • 23 November 2016, Acting for and representing a drug affected client in Family Law Act proceedings, presented: Possible impacts on children living in an ICE household, Parramatta
  • 19–20 January 2017, Start at the Top Family Law Conference, presented: Possible impacts on children living in an ICE household, Darwin
  • 23 January 2017, circuit presentation: Possible impacts on children living in an ICE household, Lismore
  • 30 March 2017, circuit presentation: Possible impacts on children living in an ICE household, Cairns

Other activities:

  • Paper, Drug & Alcohol Information Handbook (2016)
  • Paper, Possible impacts on children living in an ICE household (2016)
  • Paper, Drugs and Family Law (2016)

Judge Joe Harman

Professional memberships:

  • CALD Committee
  • Australian Institute of Family Law Arbitrators and Mediators
  • Law Council of Australia Family Law Section
  • Law Society of NSW
  • American Bar Association

Conferences or events attended during the year:

  • 1 July 2016–30 June 2017, convenor NSW Young Lawyers CLE seminar series, 14 sessions of free, practical legal education for young lawyers, Parramatta
  • 1 July 2016–30 June 2017, consultant to Family DV Bench Book
  • 4 July 2016, Australian Institute of Family Studies Conference, presented: An imperfect protection: The Attitudes of Mediators to Confidentiality, Melbourne
  • 5 August 2016, Aboriginal Legal Service Conference, presented: More than one way to be: Aboriginal Identification and the law, Newcastle
  • 8 August 2016, Riverina Family Pathways Conference, presented: A steam engine in the age of the Apple watch: adversarial and therapeutic justice
  • 9 August 2016, Resolution Institute, presented: Tension between the courts and the confidentiality of dispute resolution processes, Sydney
  • 26 August 2016, Sydney University, presented: Current issues in FDR, Sydney
  • 29 August 2016, Notice of Risk presentation, on behalf of Wollongong Family Pathways, Wollongong
  • 12–14 September 2016, National Mediation Conference, presented: An imperfect protection: the attitudes of mediators to confidentiality
  • 16 February 2017, Wollongong Family Pathways Conference, presented: An imperfect protection: the attitudes of mediators to confidentiality, Wollongong
  • 24 February 2017, North East Victoria Family Law Association Conference, presented: An imperfect protection: the attitudes of mediators to confidentiality, Wangaratta
  • 25 February 2017, Toongabbie Community Legal Centre Conference, presented: The irenic lawyer: how and why lawyers should be dispute resolvers, Toongabbie
  • 3 March 2017, College of Law, Judge’s Day, presented: The irenic lawyer: how and why lawyers should be dispute resolvers
  • 16 March 2017, South Coast Family Pathways, dinner, presented: An imperfect protection: the attitudes of mediators to confidentiality
  • 29 March 2017, Katie Foreman Annual Lecture, Nowra
  • 7 April 2017, Non-Adversarial Justice Conference, presented: The irenic lawyer: how and why lawyers should be dispute resolvers, Sydney
  • 25 May 2017, Reconciliation Week event, with Dr Cindy Blackstock, Parramatta
  • 29–30 May 2017, Shared Parenting Council Conference, Boston
  • 31 May–3 June 2017, AFCC, Conference, Boston
  • 7 June 2017, Resolution Institute Event, (with Registrar Bartlett) presented: The interface of family violence and FDR, Parramatta
  • 20 June 2017, Reshaping Justice, Research Symposium, Sydney
  • 29 June 2017, FRC, presented: The interface of family violence and FDR, Bathurst

Other activities:

  • 2017, paper published: The prevalence of allegations of family violence in proceedings before the Federal Circuit Court of Australia, Family Law Review
  • 2017, paper published: Mediation Confidentiality: Origins, Application, Exceptions and Practical Implications, Australiasian Journal of Dispute Resolution
  • 2017, paper published: An Imperfect Protection: Attitudes of Family Dispute Resolution Practitioners to Confidentiality, Bond Law Review

Judge Alexandra Harland

Professional memberships:

  • Board Member, Australian Chapter, Association of Family and Conciliation Courts
  • Vice President, Australian Chapter, Association of Family and Conciliation Courts
  • Committee Member, International Committee, Association of Family and Conciliation Courts
  • Member Association of Family and Conciliation Courts
  • Editorial Board Member Family Law Review
  • Co-chair joint Federal Circuit Court and Family Law Section, Junior Family Lawyer Seminar series committee
  • Committee Member Australian Women Judges Association
  • Member International Women Judges Association
  • Member International Family Judges Association
  • Member Judicial Conference Australia
  • Member Family Law Section, Law Council of Australia
  • Law Society of NSW (Honorary Judicial Member)
  • Women’s Lawyers Northern Territory (Honorary Judicial Member)
  • Federal Circuit Court Judicial Education Committee

Conferences or events attended during the year:

  • 20 July 2016, Family Law Forum for VLA lawyers, decision making process in relation to matters with DHHS involvement, Monash University Law Chambers, Melbourne
  • 17 August 2016, FCLRG Seminar: The Royal Commission into Family Violence Report, Melbourne Law School, Carlton
  • 18–20 August 2016, AFCC Australian chapter conference, Brisbane
  • 19 August 2016, moderated panel session entitled The challenges of dealing with family violence allegations at an interim hearings in the FCC, AFCC Australian chapter conference, Brisbane
  • 7 October 2016, spoke at College of Law family law seminar, Melbourne
  • 19 October 2016, Law Council of Australia, Family Law Section, National Family Law Conference 2016, session chair: Social media and family law, Melbourne
  • 27 October 2016, presented: lessons from the AFCC Conference, Owen Dixon Commonwealth Law Courts, Melbourne
  • 15 March 2017, panel member, CPD Intensive Speakers, Law Institute of Victoria, Melbourne
  • 16 February 2017, speaker panel, Demystifying the Duty List, 2017 Junior Family Lawyer Seminar Series, Melbourne
  • 16 March 2017, moderated panel, interim parenting matters, Junior Family Lawyers, Melbourne
  • 31 May 2017–3 June 2017, AFCC, 54th Annual Conference, Boston
  • 1 June 2017, presented: Dilemmas in High Conflict Divorce: A Multidisciplinary Dialogue from Australia, AFCC 54th Annual Conference, Boston
  • 2 June 2017, presented: The Determination of Financial Issues in Australian Court Proceedings, AFCC 54th Annual Conference, Boston

Other activities:

  • 5 September 2016, meeting with Legal Aid Victoria re continuing legal education
  • 27 October 2016, meeting with CatholicCare Victoria re post orders program pilot in Dandenong and Geelong, Melbourne
  • 16 November 2016, meeting with Legal Aid Victoria re draft VLA guidelines, Melbourne
  • 22 March 2017, meeting with Legal Aid Victoria re expanded duty service, Melbourne
  • 7 July 2016, facilitated lunchtime workshop for duty lawyers, Dandenong
  • 8 July 2016, Community Open Day, Dandenong and District Aborigines Co-Operative, NAIDOC Week, Dandenong
  • 10 October 2016, meeting with Malcolm Bennett and law student, Dandenong
  • 20 October 2016, Women in Law Breakfast, National Family Law Conference, Melbourne Convention and Exhibition Centre, Melbourne
  • 28 October 2016, meeting with Christine Dolan re human trafficking
  • 12 December 2016, Rules Principles and Discretions in Financial Remedy Law, Family and Child Law Research Group, lunch and seminar, Carlton
  • 7 February 2017, Q & A Session, VicPathways Barwon South West Family Law, Warrnambool
  • 27 March 2017, meeting and tour, Murray Mallee Family Care, Mildura
  • 5 April 2017, Study Group Lawyers for Specialist accreditation and jurisdiction, Victoria Legal Aid Office, Melbourne
  • 13 April 2017, presented to ACU Family Law Students in court, Melbourne
  • 12 May 2017, Guest Lecture, ACU Family Law Class, ACU Campus

Judge Judith Small

Professional memberships:

  • Australian Association of Women Judges
  • Judicial College of Australia
  • Family Law Section, Law Society of Australia
  • Federal Circuit Court Aboriginal and Torres Strait Islander Access to Justice Committee
  • Federal Circuit Court Culturally and Linguistically Diverse Access to Justice Committee

Conferences or events attended during the year:

  • July 2016, meeting with Indigenous law students from Victoria University
  • 3 August 2016, Magistrates Court of Victoria conference, presented: What’s New in Family Law, Melbourne
  • 27 October 2016, meeting with CatholicCare representatives about their Pilot Parenting Orders Support Program, Dandenong and Geelong
  • 15 November 2016, An Aboriginal Cultural Conversation with Richard Frankland, hosted by the Family Court
  • 19 February 2017, Judicial College of Victoria, forum for Magistrates on approaches to family violence, presented: Family Violence in the Federal Circuit Court
  • 24 February 2017, Legalwise seminar, presented: Better Family Law Documents, Mt Eliza
  • 27 February 2017, launch of Children’s Court of Victoria Benchbook, Melbourne
  • 1 March 2017, meeting with Victoria Legal Aid Family Law Director and Associate Director, Commonwealth Family Law to discuss their new family violence duty lawyer program, Melbourne
  • 8 March 2017, Victoria Legal Aid, International Women’s Day function, Melbourne
  • 10 March 2017, Dame Roma Mitchell Lunch, Melbourne
  • 28–30 April 2017, International Association of Women Judges, Regional Conference, Sydney

Judge Nicholas Manousaridis

Professional memberships:

  • NSW Bar Association
  • Australasian Institute of Judicial Administration

Conferences or events attended during the year:

  • 18 February 2017, NSW Bar Association, North Coast CPD Conference, presented: Federal Court Practice: the role of written pleadings in federal jurisdiction, Ballina

Other activities:

  • March and April 2017, University of Sydney, Practice and Procedure, Sydney

Judge Salvatore Vasta

Professional memberships:

  • Australian Institute of Judicial Administration
  • Judicial Conference of Australia
  • Bar Association of Queensland
  • Medico-Legal Society of Queensland
  • International Association of Prosecutors – honorary member and member of the IAP Senate

Conferences or events attended during the year:

  • 10–15 September 2016, International Association of Prosecutors, Annual Conference, chaired session: Corporate Responsibility for Offences against Human Rights, Dublin
  • 2–4 May 2017, Queensland Police Service, Task Force Argos, Youth, Technology and Virtual Communities, Gold Coast

Other activities

  • Chairman – Queensland Cricket
  • Moot Judge – Bar Practice Centre

Judge Justin Smith

Professional memberships:

  • National Judicial College of Australia

Conferences or events attended during the year:

  • 24 February 2017, Law Council of Australia, Immigration Law Conference, presented: Judicial Review: How to Run a FCC Matter and What Assists the FCC, Sydney

Judge Ian Newbrun

Professional memberships:

  • Member NSW Bar Association

Judge Tony Young

Professional memberships:

  • Judicial Conference of Australia, Secretariat

Conferences or events attended during the year:

  • 14–15 July 2016, Northern Territory Bar Association, annual conference, Dili
  • 14 November 2016, Family Pathways Network, CLE session, launch of FLPN website, Alice Springs
  • 19–20 January 2017, NT Law Society, Start at the Top Family Law Conference, Darwin
  • 21 March 2017, Lawyers CPD (CLE), Benchbook, presented: Unpacking the Domestic and Family Violence Bench Book and Family Violence Best Practice Principles, Darwin
  • 27 March 2017, CLE session, Family Pathways Network, Alice Springs

Other activities:

  • 19 December 2016, chair, meeting with representatives from the legal profession, Darwin
  • 23 January 2017, National Judicial Education day, Melbourne
  • Attended Drugs & Drug testing workshop Victim Support Service, Adelaide

Judge Joshua Wilson

Professional memberships:

  • Association of International Family Judges
  • Australasian Institute of Judicial Administration
  • Judicial Conference of Australia
  • Medico-Legal Society
  • 4 New Square, Lincoln’s Inn, London

Conferences or events attended during the year:

  • 21 October 2016, Law Council of Australia, Family Law Section, National Family Law Conference, Chair: I’ll be watching you, Melbourne
  • 30 January 2017, opening of the 2017 Legal Year, Government House, Melbourne
  • 16 February 2017, Leo Cusson Centre for Law, presented: What Judges Want, Melbourne
  • 17 February 2017, Victorian Bar, Junior Bar Conference, Hypothetical: A Hellish Day In Court
  • 19–26 February 2017, National Judicial Orientation Program, Melbourne
  • 6 April 2017, State Revenue Office, presented: Effective Litigating in the Federal Circuit Court of Australia, Melbourne

Other activities:

  • Vice Chairman, International Advocacy Training Council, London and Hong Kong
  • Professorial Advisory Board, Deakin University
  • Professor of Law, Deakin University
  • Deputy Chair, International House, University of Melbourne
  • Patron of Bottled Snail, a musical and theatrical cultural production company established to alleviate mental health issues in the legal fraternity

Judge Steven Middleton

Professional memberships:

  • Newcastle Law School, Advisory Committee
  • Newcastle Bar Association
  • Hunter Valley Family Law Practitioners Association

Conferences or events attended during the year:

  • 11 July 2016, Presentation on Safe Home for Life Reforms, Sydney registry
  • 29–31 July 2016, Hunter Valley Family Law Practitioners Association, Hunter Valley Family Law Practitioners Conference, Hunter Valley
  • 3–5 August 2016, FCC Plenary, Cairns
  • 18–21 October 2016, Law Council of Australia, Family Law Section, National Family Law Conference, Melbourne
  • 17–19 March 2017, Judicial College of Victoria, Back to Country: A Visit to Wathaurong Country, Geelong
  • 30 March 2017, CLE by the Sea, Family Law Conference, presented: Child Related Proceedings, Terrigal
  • 12 May 2017, Family Violence Seminar, Noahs Newcastle, Q&A Panel, Newcastle
  • 31 May 2017, Family Law Pathways Network, Lower Mid North Coast, ‘Get your client ready for court’, Port Macquarie
  • 28 June 2017, Central Coast Family Law Pathways Network, Central Coast Family Law Pathways Network Annual Event, presented: Assessing the Court’s capacity to identify and protect vulnerable women and children, Terrigal

Judge Alister McNab

Conferences or events attended during the year:

  • 18–21 October 2016, Law Council of Australia, Family Law Section, National Family Law Conference, Melbourne
  • 15–17 February 2017, opening of Cripps/Neeson Centre and meeting with judges and the Child Protection Unit of the Cambodia Children’s Fund, Cambodia
  • 19–24 February 2017, National Judicial Orientation Program, Melbourne

Judge Amanda Tonkin

Professional memberships:

  • Family Law Section of the Law Council of Australia

Conferences or events attended during the year:

  • 20 March 2017, Canberra Region Family Law Professionals Association, Advocacy Seminar, presented: From Bar to Bench: The 4 p’s – Polite, Punctual, Professional and Prepared, Canberra

Appendix 7: Contact details

Chambers of the Chief Judge

Chief Judge John Pascoe AC CVO

GPO Box 9991, Sydney NSW 2000 | Phone: (02) 9217 7261 | Fax: (02) 9217 7272

Office of the Chief Executive Officer and Principal Registrar

Dr Stewart Fenwick

GPO Box 9991, Melbourne VIC 3001 | Phone: (03) 8600 3963

National Enquiry Centre

The National Enquiry Centre (NEC) is the entry point for all telephone and email enquiries on family law (Federal Circuit Court and Family Court) matters. The NEC provides information and procedural advice, forms and brochures, and referrals to community and support services. NEC staff cannot provide legal advice.

Link to live chat
Need help with Family Law? Chat Online


Hours: 8.30am to 5.00pm Monday to Friday

Phone: 1300 352 000

International: +61 2 8892 8590

Postal Address: PO Box 9991, Parramatta NSW 2124

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

Website

www.federalcircuitcourt.gov.au

www.comcourts.gov.au (Commonwealth Courts Portal)

Email

General federal law enquiries: customer.service@federalcircuitcourt.gov.au

Family law enquiries: enquiries@familylawcourts.gov.au

Commonwealth Courts Portal: support@comcourts.gov.au

Communication enquiries: communication@familylawcourts.gov.au

Social media

Twitter: https://twitter.com/fedcctcourtAU

YouTube: www.youtube.com/user/federalcircuitcourt

Family law registries

Family law registries

Australian Capital Territory

Canberra

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

New South Wales

Albury

Level 1, 463 Kiewa Street
Albury NSW 2640

Dubbo

Cnr Macquarie and Wingewarra Streets
Dubbo NSW 2830

Lismore

Westlawn Building
Level 2, 29–31 Molesworth Street
Lismore NSW 2480

Newcastle

61 Bolton Street
Newcastle NSW 2300

Parramatta

Garfield Barwick Commonwealth Law Courts
1–3 George Street
Parramatta NSW 2123

Sydney

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

Wollongong

Level 1, 43 Burelli Street
Wollongong NSW 2500

Northern Territory

Darwin

Supreme Court Building, State Square
Darwin NT 0800

Queensland

Brisbane

Harry Gibbs Commonwealth Law Courts
119 North Quay, Cnr North Quay and Tank Streets
Brisbane QLD 4000

Cairns

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

Rockhampton

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

Townsville

Commonwealth Centre
Level 2, 143 Walker Street
Townsville QLD 4810

South Australia

Adelaide

Roma Mitchell Commonwealth Law Courts
3 Angas Street
Adelaide SA 5000

Tasmania

Hobart

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

Launceston

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

Victoria

Dandenong

53–55 Robinson Street
Dandenong VIC 3175

Melbourne

Owen Dixon Commonwealth Law Courts
305 William Street
Melbourne VIC 3000

General federal law registries

All enquiries should be directed to the relevant registry, contact details follow.

TTY/Voice calls – Contact the National Relay Service on 133 677 or Speak & Listen contact 1300 555 727

General federal law registries

Australian Capital Territory

Canberra

Nigel Bowen
Commonwealth Law Courts
Cnr University Avenue
and Childers Street
Canberra ACT 2601

Ph: (02) 6267 0566
Fax: (02) 6267 0625
E: actman@fedcourt.gov.au

New South Wales

Sydney

Level 17, Law Courts Building
Queens Square
Sydney NSW 2000

Ph: (02) 9230 8567
Fax: (02) 9230 8295
E: nswdr@fedcourt.gov.au

Northern Territory

Darwin

Supreme Court Building (L3)
State Square
Darwin NT 0800

Ph: (08) 8941 2333
Fax: (08) 8941 4941
E: ntreg@fedcourt.gov.au

Queensland

Brisbane

Harry Gibbs Commonwealth Law Courts (L6)
119 North Quay
Brisbane QLD 4000

Ph: (07) 3248 1100
Fax: (07) 3248 1260
E: qldreg@fedcourt.gov.au

South Australia

Adelaide

Roma Mitchell
Commonwealth Law Courts (L5)
3 Angas Street
Adelaide SA 5000

Ph: (08) 8219 1000
Fax: (08) 8219 1001
E: sareg@fedcourt.gov.au

Tasmania

Hobart

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

Ph: (03) 6232 1715
Fax: (03) 6232 1701
E: tasreg@fedcourt.gov.au

Victoria

Melbourne

Owen Dixon
Commonwealth Law Courts
305 William Street
Melbourne Vic 3000

Ph: (03) 8600 3333
Fax: (03) 8600 3351
E: vicreg@fedcourt.gov.au

Western Australia

Perth

Peter Durack
Commonwealth Law Courts
1 Victoria Avenue
Perth WA 6000

Ph: (08) 9268 7100
Fax: (08) 9224 8360
E: waregistry@fedcourt.gov.au

Appendix 8: Information required by other legislation

Legislation

Page reference

A New Tax System (Family Assistance) (Administration) Act 1999

29

Acts Interpretation Act 1901

67

Administrative Appeals Tribunal Act 1975

25

Administrative Decisions (Judicial Review) Act 1977

25, 55

Admiralty Act 1988

56

Age Discrimination Act 2004

26, 61

Australian Human Rights Commission Act 1986

26, 61

Bankruptcy Act 1966

26, 58, 59

Budget Savings (Omnibus) Act 2016

28

Building and Construction Industry (Consequential and Transitional Provisions) Act 2016

29, 62

Building and Construction Industry (Improving Productivity) Act 2016

27, 29, 62

Child Support (Registration and Collection) Act 1988

54, 112

Competition and Consumer Act 2010

26

Copyright Act 1968

27

Counter-Terrorism Legislation Amendment Act (No. 1) 2016

28

Courts Administration Legislation Amendment Act 2016

5, 42, 43

Designs Act 2003

27

Disability Discrimination Act 1992

26, 61

Fair Work (Registered Organisations) Act 2009

27, 29, 62

Fair Work (Registered Organisations) Amendment Act 2016

29, 62

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

26

Fair Work Act 2009

26, 27, 29,
30, 62, 68

Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017

29

Family Law Act 1975

25, 78, 79,
112, 117

Federal Circuit Court of Australia Act 1999

24, 32, 74, 78,
88, 90, 112, 150

Federal Court of Australia Act 1976

78, 150

Freedom of Information Act 1982

78, 112, 113

Human Rights and Equal Opportunity Commission Act 1986

61

Independent Contractors Act 2006

27

Insolvency Law Reform Act 2016

57

Judicial Misbehavior and Incapacity (Parliamentary Commissions) Act 2012

78

Judiciary Act 1903

55

Legislation Amendment (Judicial Complaints) Act 2012

78

Migration Amendment (Character Cancellation Consequential Provisions) Act 2016

66

National Cancer Screening Register Act 2016

28

National Consumer Credit Protection Act 2009

26

New Tax System (Family Assistance) (Administration) Act 1999

29

Parliamentary Business Resources (Consequential and Transitional Provisions) Act 2017

30

Parliamentary Business Resources Act 2017

30

Privacy Act 1988

28, 113

Racial Discrimination Act 1975

26, 61, 62

Regulatory Powers (Standard Provisions) Act 2014

28, 29

Sex Discrimination Act 1984

26, 61

Trade Marks Act 1995

27

VET Student Loans Act 2016

29

Work (Building Industry) Act 2012

29

Workplace Relations Act 1996

26