The Family Court of Australia: A Triumph or Disaster?

The Family Court was introduced in Australia in 1976, almost by legislative legerdemain. There had been little debate about it beforehand. There was no Royal Commission, no Law Reform Report. There was little public agitation or debate about its merits. It was suddenly upon us, as part and parcel of the reform of the divorce laws.

How this differs from the position in other countries! In England, the Law Commission invited submissions on Family Courts as early as 1970. The Finer Committee in 1974 strongly recommended them! Numerous commentators since have advocated them in one form or another. The debate continues! But none has yet been set up! France and Germany have established tribunals loosely akin to our Family Court. But they are pallid imitations only. Other countries have tried some experiments. But I know of no country, save possibly Japan, that has established such a radical reform as Australia.