FED: Govt to set up federal magistracy for simple cases

AAP General News (Australia)
12-08-1998
FED: Govt to set up federal magistracy for simple cases

By Fiona Hamilton

CANBERRA, Dec 8 AAP - A federal magistracy will be established to handle less complex civil
and family law matters now dealt with in the federal and family courts.

Federal cabinet approved the establishment of the new system which would free up judges for
more complex matters, Attorney-General Daryl Williams said today.

A magistracy would be cheaper because solicitors expenses would be lower, barristers would
be less likely to be used and it would have a fixed costs regime.

"The new federal magistracy will develop informal procedures to resolve less complex
matters more cheaply and quickly," Mr Williams said in a statement.

"This significant structural change to the justice system will substantially reduce the
cost of justice in federal courts and will provide an alternative and more accessible forum
for many matters that must now be heard in the federal or family courts."

Under the plan, magistrates could refer a matter to the federal or family court and those
courts would have the power to take over any matter if one of the parties applied.

Mr Williams would now consult the two courts, states and territories, the legal profession
and other stakeholders.

Opposition attorney-general spokesman Robert McClelland said Labor had concerns about the
scheme operating in family law.

"It could be workable, certainly in respect to the Federal Court area," Mr McClelland told
ABC Radio.

"Weve got significant reservations in respect to the family law area where its a
specialist tribunal with access to counselling and mediation to resolve very traumatic
emotional situations ...

"So it could be very much being penny-wise and pound-foolish if hes introducing a tier of
judicial administration without the same access to that counselling and mediation service."

Mr McClelland said delays in the Family Court were now at crisis point with child custody
cases now taking two years to resolve leading parents to take the law into their own hands.

The Australian Law Reform Commission welcomed the scheme.

"In the federal litigation system you dont have a court that is a cheaper court for
litigants to access," commissioner Dr Kathryn Cronin told ABC Radio.

"This means that when they have what are sometimes relatively minor family matters or
relatively minor employment disputes, discrimination matters, or even some of the native title
matters, these are going to a superior court judge and it would be a lot easier and cheaper
for everyone if they could be dealt with by a magistrate."

AAP fh/mfh/cfm

KEYWORD: MAGISTRACY

1998 AAP Information Services Pty Limited (AAP) or its Licensors.