Labor demands clarity on Christian Porter’s role as Attorney-General
It follows the announcement that the Attorney-General’s duties will be curtailed due to his defamation action against the ABC.
Labor MPs have called for clarification of Christian Porter’s role as Attorney-General when he returns to the job at the end of March, fearing vital recommendations for Family Law System reform to cut delays and costs will be sidelined.
ALP members of the Parliamentary committee review of Australia’s Family Law System committee are concerned that the announcement his duties will be curtailed because of his involvement with a defamation action against the ABC over historical rape allegations will lead to even further delays in the system.
Graham Perrett, Queensland Labor MP for Moreton, who served on the committee said on Wednesday:
“The Attorney-General has been neglecting the family law system for years, and now we learn that even when he returns to the parliament he will be unable to fully perform a crucial function of his office”.
“On average, Federal Circuit Court judges are already handling 330 matters each. One judge in Brisbane is juggling over 600 individual matters. For months there have been nine vacant judicial positions which the Attorney-General has not bothered to fill. One single judge is currently hearing all family law matters in Tasmania,” Mr Perrett said.
The Committee report on Monday recommended appointing new family law registrars to help clear the backlog of cases and proposed a national cap of $50,000 on divorce property settlements after hearing of cases where legal fees were more than total value of the parties’ assets.
According to Mr Perrett and other Labor committee members, WA MP for Cowan, Anne Aly, and Senator Helen Polley from Tasmania, urgent action is needed which is “why the Joint Select Committee report makes 29 recommendations to improve the family law system and make it safer for families”.
“The stand-out recommendation in this report is for the government to appoint 25-30 registrars to address the backlogs and delays. This requires immediate action from the Attorney-General. The nine judicial vacancies waiting to be filled require the Attorney-General to act,” the Labor committee members said.
The Chief Justice of the Family Court and Federal Circuit, Justice Will Alstergren, has welcomed the committee’s reports and is considering the proposals.
Justice Alstergren, welcomed a recommendation for an immediate increase in the number of registrars working the family law court system, instead of more judges, to cut massive backlogs and delays in cases.
“It is imperative that our family law system performs with dignity, fairness and in proportionate expense, and is always focused on the best interests of the child,” Justice Alstergren told The Australian on Tuesday.
“The report contains a number of reasonable and practical recommendations that will be considered as the Courts continue to work with all stakeholders to undertake vital reforms,” Justice Alstergren said.
But the Law Council, representing barristers and solicitors, has rejected the MPs’ proposal to cap legal fees in divorce property settlements to $50,000 or 10 per cent of the combined value of the parties’ assets.
“The Law Council does not agree with the Joint Select Committee’s findings in relation to the need to further regulate legal fees in family law proceedings,” Law Council President, Jacoba Brasch said on Tuesday.
The committee heard evidence of a divorce settlement case in which the legal fees were more than $500,000 but the value of the assets in the dispute was only $200,000.
Another case involved legal fees of between $800,000 and $900,000 and the assets were just over $1 million.
The Law Council agreed with the MPs’ recommendation to lift the number of registrars to cut family law delays but also called for more judges to be appointed.
“There remains a critical need for an increase in the number of family law judges to hear and determine complex family law matters,” Ms Brasch said.
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