SA’s single Family Court judge and five of six Federal Circuit Court judges are listing trials in 2019

MOST South Australian families in the midst of a breakdown will have to wait until at least 2019 for the court to hear their dispute.

MOST South Australian families in the midst of a breakdown will have to wait until at least 2019 for the court to hear their dispute.

Shocking new details on the shambles in the family courts from the Law Council of Australia reveal that SA’s single Family Court judge and five of the six Federal Circuit Court judges were all now listing trials in 2019.

The FCC hears about 85 per cent of family law matters while cases involving abuse or complex financial matters go to the Family Court.

Law Council president Fiona McLeod told The Advertiser the number and complexity of cases had increased markedly but resourcing has not kept up.

“The current significant lack of resources means families facing the most serious family law issues can wait for as many as three years before a final trial, and many months for ‘urgent’ hearings,” she said.

Most South Australian families in the midst of a breakdown will have to wait until at least 2019 for the court to hear their dispute. Picture: iStock

“This situation is completely unacceptable. Family law disputes are, by their very nature, often emotional and painful affairs. This duress should not be compounded by needless delays due to underfunding.”

There was no limit to the number of judges that could be appointed to the FCC and the Family Court of Australia was well below its statutory limit of 54.

Senior Adelaide family lawyer Greg Howe said the backlog appeared to also be causing judgment times to blow out.

“Going to trial is one thing then getting a judgment is another,” he said.

“It’s a self-perpetuating problem with the system because as cases become more complex and judges have more on their plates the whole process takes longer.”

The Advertiser has been told it was possible that some matters already referred to the Family Court could be allocated a date next year. Attorney-General George Brandis this week announced John Pascoe, the current chief judge of the FCC, would take on the role chief justice of the Family Court from tomorrow. He replaced the retiring Diana Bryant.

Senator Brandis said on Thursday there was no doubt the family law system was under immense pressure and that there needed to be a conversation about the structure of the courts. “There’s no doubt the family law system is under pressure — cost pressure (and) resource pressure,” he told Sky News.

In the May Budget, the Federal Government announced the Australian Law Reform Commission would conduct the first comprehensive review into the family law system since the 1970s.

Ms McLeod said there was no reason for the Government to wait for the outcome of the review to properly fund the courts.