Information about the Inquiry

Inquiry into the Federal Justice System Amendment (Efficiency Measures) Bill (No.1) 2008

Information about the Inquiry

On 4 December 2008, the Senate referred provisions of the Federal Justice System Amendment (Efficiency Measures) Bill 2008 to the Standing Committee on Legal and Constitutional Affairs Committee for inquiry and report.

This bill amends various Acts with the aim of improving the efficient conduct of business in the federal courts. It also and aims to clarify and expand the jurisdiction of the Federal Court of Australia under the International Arbitration Act 1974. Finally, it seeks to respond to the decision of the Full Court of the Family Court of Australia in Black v Black [2008] FamCAFC 7, where the Court applied a strict compliance test in relation to certain technical requirements for binding financial agreements made under the Family Law Act 1975.

Key aspects of the bill include proposed amendments to several Acts, including:

  • the Federal Court of Australia Act 1976 (FCA Act), to allow the Federal Court to refer a proceeding, or one or more questions arising in a proceeding, to a referee for report. The bill would also amend the FCA Act to allow a single Federal Court judge to make an interlocutory order in the original or appellate jurisdiction of the Court in a matter otherwise required to be heard and determined by a Full Court.
  • the International Arbitration Act 1974 to give the Federal Court concurrent jurisdiction with State and Territory Supreme Courts for matters arising under Parts III and IV of the Act, which deal with the UNCITRAL Model Law on International Commercial Arbitration and the Convention on the Settlement of Investment Disputes Between States and Nationals of other States (1965). The amendments also seek to clarify the Federal Court’s existing jurisdiction for matters arising under Part II of the Act (giving effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958).
  • the FCA Act, Family Law Act 1975, Native Title Act 1993 and Administrative Appeals Tribunal Act 1975, to remove the current restrictions on Chief Justices and Presidents acquiring an interest in land for the purposes of the Lands Acquisition Act 1989.
  • the Public Order (Protection of Persons and Property) Act 1971 to allow an authorised, non-judicial officer of the Federal Court to make an order specifying that certain premises are ‘court premises’ for the purposes of the Act.  The purpose is to ensure that the areas in which authorised officers are able to exercise powers under the Act in the interests of security are readily identifiable to authorised officers and the public.
  • the Family Law Act 1975, to relax certain technical requirements that must be strictly satisfied for financial agreements and termination agreements to be binding.  These amendments will respond to the concerns about the binding financial agreement provisions of the Act that have arisen following the decision of the Full Family Court in Black v Black.  The Family Law Council has confirmed that amendments are required to restore confidence in the binding nature of these agreements.

The reporting date for the inquiry is 17 February 2009.

The Committee invites written submissions by Monday, 12 January 2009.

Submissions should be sent to:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
Department of the Senate
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

The committee encourages the lodgement of submissions in electronic form. As the secretariat is in the process of implementing a new system for lodging submissions via the Parliament's website, you will find a link to submit online in the box below. Alternatively, intending submitters requiring further information could also contact the secretariat before lodging your submission.


NOTE:
The new Senate Committee Online Submission System can be accessed at: https://senate.aph.gov.au/submissions

If you have any questions or experience any problems using this system please contact the Senate Web Administrator at: web.senate@aph.gov.au

Notes to assist in preparing submissions are available from the website https://www.aph.gov.au/senate/committee/wit_sub/index.htm or telephone the secretariat on 02 6277 3560, fax: 02 6277 5794, or e-mail at the above address.

Once the committee accepts your submission, it becomes a confidential committee document and is protected by Parliamentary Privilege. You must not release your submission without the committee’s permission. If you do, it is not protected by Parliamentary Privilege. At some stage during the inquiry, the committee normally makes submissions public. Please indicate if you want your submission to be kept confidential.

Inquiries from hearing and speech impaired people should be directed to the Parliament House TTY number (02 6277 7799). Adobe also provides tools for the blind and visually impaired to access PDF documents. These tools are available at: http://access.adobe.com. If you require any special arrangements in order to enable you to participate in a committee inquiry, please contact the committee secretary.

For further information, contact:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3560
Fax: +61 2 6277 5794
Email: legcon.sen@aph.gov.au