Family law court filings 2004-05 to 2012-13

Family law court filings 2004-05 to 2012-13

Rae Kaspiew, Lawrie Moloney, Jessie Dunstan and John De Maio

Research Report No. 30 — February 2015
Family law court filings 2004-05 to 2012-13

This report analyses trends in family law court filings over a nine year period between 2004-05 and 2012-13.

It sheds light on the impact on court filings of the 2006 reforms that encouraged greater use of non-court based mechanisms for resolving parenting disputes and the 2009 reforms that brought post-separation property division laws and processes for de facto couples into line with those for married couples.

This report extends the findings of the 2009 study Evaluation of the 2006 Family Law Reforms. The research is based on data provided by the Family Court of Australia, the Federal Magistrates Court, and the Family Court of Western Australia, for the period 2004-05 to 2012-13.

Key messages

Court filings in children's matters in the 2012-13 reflect a 25% decrease on levels in 2004-05, the period prior to the 2006 family law reforms. The sharp decreases shown in the years just after the 2006 reforms have stabilised at this level.

In relation to filings in property matters, a 17% increase is evident nationally, reflecting the impact of the de facto property reforms in 2008 which shifted jurisdiction over de facto property matters from state and territory systems into the federal system.

The case-load distribution between the FCoA and the FCC in 2012-13 stood at 86% for the FCC and 14% for the FCoA.

Authors and Acknowledgements

Dr Rae Kaspiew and Dr Lawrie Moloney are Senior Research Fellows, John De Maio is a Research Fellow, and Jessie Dunstan is a Senior Research Officer, all at the Australian Institute of Family Studies.

Publication details

Research Report
No. 30
Published by the Australian Institute of Family Studies, February 2015.
24 pp.
ISSN: 
1477-1477
ISBN: 
978-1-76016-014-2
Suggested citation:

Kaspiew, R., Moloney, L., Dunstan, J., & De Maio, J. (2015). Family law court filings 2004-05 to 2012-13 (Research Report No. 30). Melbourne: Australian Institute of Family Studies.

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