Family Law Act 1975 s 39(7) and (7A) - Jurisdiction of Courts of Summary Jurisdiction (Matrimonial Causes) Proclamation 2006 (14/06/2006)

Overview

The Jurisdiction of Courts (Family Law) Act 2006 was enacted to amend the Family Law Act 1975, along with the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989, with the aim of enhancing the efficiency of family law and child support proceedings in Western Australia. The Act was introduced to address the need for a more streamlined judicial process for less complex family law matters by granting the Magistrates Court of Western Australia, when constituted by a Family Law Magistrate, the same jurisdictional powers and appeal structure as the Federal Magistrates Court. This legislative reform was designed to allow for the expeditious resolution of a high volume of less complex and shorter family law and child support matters, thereby reducing the burden on the Federal Magistrates Court. The Act and accompanying Proclamation were passed by the Australian Parliament to facilitate this change, effective from 1 July 2006, thereby ensuring that such proceedings could only be instituted in, or transferred to, the Magistrates Court of Western Australia constituted by a Family Law Magistrate within the Perth Metropolitan area.

Scope and Application

The Jurisdiction of Courts (Family Law) Act 2006 applies to proceedings in relation to family law and child support matters in the Perth Metropolitan area, specifically regulating the jurisdiction of courts to handle these types of cases. The Act provides the Magistrates Court of Western Australia, when constituted by a Family Law Magistrate, with jurisdiction and an appeal structure that mirrors that of the Federal Magistrates Court. This allows for the efficient resolution of a significant number of less complex and shorter family law and child support matters. The Act amends the Family Law Act 1975, the Child Support (Registration and Collection) Act 1988, and the Child Support (Assessment) Act 1989 to facilitate this arrangement. A Family Law Magistrate, as defined by the Principal Act, is a person who holds office concurrently as a Magistrate under the Magistrates Court Act 2004 (WA) and as the Principal Registrar or a Registrar of the Family Court of Western Australia. The Act also includes a provision that allows the Governor-General to issue a Proclamation under subsection 39(7) of the Principal Act, which can specify dates from which certain proceedings cannot be instituted in, or transferred to, a court of summary jurisdiction, except in the case of the Magistrates Court of Western Australia constituted by a Family Law Magistrate. This Proclamation, which revokes and replaces previous ones, came into effect on 1 July 2006, thereby restricting the jurisdiction of other courts in the Perth Metropolitan area to handle family law and child support matters.

Key Provisions

The Jurisdiction of Courts (Family Law) Act 2006 (Act) fundamentally alters the Family Law Act 1975 (Principal Act) by bestowing upon the Magistrates Court of Western Australia, when constituted by a Family Law Magistrate, nearly the same jurisdiction and appeal structure as the Federal Magistrates Court regarding family law and child support matters. This amendment is designed to allow the Magistrates Court of Western Australia to handle a significant number of less complex and shorter family law and child support cases efficiently (subsection 39(7) of the Principal Act). A Family Law Magistrate is defined as an individual who concurrently serves as a Magistrate under the Magistrates Court Act 2004 (WA) and as the Principal Registrar or a Registrar of the Family Court of Western Australia. The Act imposes obligations on the parties involved in family law and child support matters by stipulating that, from 1 July 2006, such proceedings cannot be instituted in or transferred to any court of summary jurisdiction in the Perth Metropolitan area, except for the Magistrates Court of Western Australia constituted by a Family Law Magistrate. This requirement is established through a proclamation under subsection 39(7) of the Principal Act, which can be revoked by a subsequent proclamation as provided in subsection 39(7A) of the Principal Act. The proclamation that accompanies the Act revokes and replaces the previous proclamation, thereby ensuring that the revised jurisdictional framework takes effect as intended. Failure to comply with the provisions of the Act and the accompanying proclamation could lead to legal consequences. Although the Act does not explicitly detail specific offences or penalties for breaches, any actions taken outside the parameters set by the proclamation could be subject to judicial review and potential sanctions. Given the nature of family law and the importance of adhering to procedural correctness, any non-compliance might result in the court declining to exercise jurisdiction over a matter, which could lead to further delays and complications for the parties involved. It is also worth noting that the Office of Regulation Review was consulted, and they advised that a Regulation Impact Statement was not mandatory as the legislative instrument did not have a direct or significant indirect impact on business. The Family Court of Western Australia was also consulted and did not oppose the legislative instrument, further underscoring the careful consideration given to the impact of these changes.