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.
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
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