Senate debates

Wednesday, 17 February 2021

Bills

Federal Circuit and Family Court of Australia Bill 2019, Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019; In Committee

8:56 pm

Photo of Amanda StokerAmanda Stoker (Queensland, Liberal Party, Assistant Minister to the Attorney-General) Share this | Hansard source

Thank you, Senator Patrick, for the question. It is substantially the same as what is being proposed in this bill. I'll highlight the similarities and differences, if that's of some assistance. The model that is proposed in the 2.0 model does involve a single point of entry, and there is a single point of entry in what is contained in this bill. There are two divisions, just as in the 2.0 model, although it is slightly differently structured so that it's not necessary for all Federal Circuit Court judges to resign and then get reappointed. The different structure that's been used avoids that inconvenience or that administrative consequence. In relation to family law appeals, the 2.0 model envisaged a separate appeal division, whereas there is an ability to appoint either a full court or a single judge to hear appeals in Division 2, and, again, appeals to the High Court are in the usual way. So there are remarkable similarities between the New South Wales 2.0 model that was advocated for by Senator Watt and that which is proposed by the government in this bill.

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