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.
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
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.
The evaluation assessed the extent to which, by 2009, the changes to the family law system had been effective in achieving the policy aims
Proceedings from the international forum held at Parliament House in Canberra on 1–2 December 2005
Analysis of Australian Divorce Transitions Project data provides insight into the way in which women and men divide their property when they divorc
Findings from a recent Institute study show that most divorcing couples fail to consider superannuation in the division of property.