Streamlining the federal courts

Federal Attorney-General George Brandis will achieve an important legacy if he manages to merge three levels of commonwealth law courts — the Federal, Family and Federal Circuit courts. In a landmark speech on Friday, Senator Brandis said the system was “capable of improvement” to ensure families accessed “swifter, less expensive justice”.

The Federal Court judges, as Nicola Berkovic writes today, are reportedly not in favour of merging with the Family Court because they fear it would damage the prestige of their court. Senator Brandis, who has an “open mind’’ on the matter, has promised to be guided by the chief judges’ views. He also recognises that change would not be possible without the judiciary’s support.

Already the back offices of the three courts have been merged, saving 120 jobs — a move that prompted Friday’s half-day strike by backroom staff. That merger has put the Federal Court in administrative charge of the other two courts. Given limited budgets and high demand for services, the Federal Court judges would serve the national interest by co-operating with the “radical” judicial restructure envisaged by the minister, which could be implemented by as early as Christmas.

The proposed restructure comes amid a 40 per cent increase in migration cases this year, which has increased waiting times. Family law litigants are already waiting for up to three years for their cases to be heard — an unacceptable delay detrimental to families under stress.