The Family Court of Western Australia is a state court that deals with family law. It was established with the adoption of the Family Court Act (WA, 1975) and commenced operations in 1976. This was the Family Family Court under section 41 of the Commonwealth Family Law Act 1975, and addressed the same issues as the Commonwealth Family Court. , including divorce, marital property settlements, childcare, adoption and surrogacy. Although it is funded by the Commonwealth Government, it is the only state-based family tribunal in Australia.
Video Family Court of Western Australia
Structure
Western Australia is unique among the states of Australia as the only state with its own Family Court. Important family law in all other countries is handled by two federal courts - the Australian Family Court and the Federal Circuit Court. The Family Court of Western Australia is an integrated tribunal, in this case combining the functions of the Superior courts and the lower courts. Officially, the Family Court is two courts within one - the Family Court itself (constituted by the Judges) and the Magistrates Court (formed by the Family Law Magistrates). His Magistrates Division is formally distinguished from the Western Australian Magistrates Court referred to as the 'Magistrates Court at 150 Terrace Rd Perth'.
Section 41 of the Family Law Act 1975 (Cth) allows a country to establish its own Family Court. The Family Court of Western Australia was established by the Family Court Act 1975 (WA) (later revoked and replaced by the Family Court Act 1997 (WA)). In the second reading speech of the 1975 Bill, the Minister of Work Affairs, Des O'Neil, refers to a number of reasons why the Western Australian Government prefers to defend a state-based Family Court (rather than referring family law matters to the Commonwealth courts). This includes concern over the demarcation of federal and state jurisdiction and its effect on the litigants, that the Court may exercise the jurisdiction of the relevant state, and to "keep the judicial system as close as possible to persons of the state" perhaps without the need to establish the Commonwealth Court.
In 2008, the federal attorney general announced a review of family law service deliveries by the Family Court of Australia and the Federal Magistrates Court. The report in November 2008 cited the likely framework of governance options for achieving a more integrated system of case management practices across federal family law jurisdictions, with changes in the judicial structure and reporting relationships. According to the report, all submission reviews, with the exception provided by the Federal Court of Magistrates, "considers that the most effective model for delivery by the Court of family law services will be a single family court, with two separate courts divisions served by a single administration." is proposed similar to the one in the Family Court of Western Australia, which the Australian Legal Council, in its submission, has been recorded as "providing a useful model of the structure and function of an integrated Family Court". The Chief Justice of the Family Court of Australia, Diana Bryant, in his observance, also chose a federal family federal court structured similarly to Family Court of Western Australia.
Funding
Under the terms of the 1976 treaty signed by Prime Minister Malcolm Fraser and the State Court Sir Charles, the Commonwealth government provides virtually all funding for Family Court of WA operations. The Western Australian Government issues an invoice to the Commonwealth, on a quarterly basis, for operating costs, and receives payments from the Commonwealth. In 2007-08, the Court's operating budget was approximately $ 17 million, $ 10.6 million of which was for staff and judicial salaries. In that financial year, spending exceeded the budget by $ 1.27 million and in July 2008, the Court brought a cash deficit position of almost $ 200,000.
Although the District Court, the Western Australian Family Court is located within the Commonwealth Commonwealth complex, which oversees the Australian Federal Court in Perth. The court hired parts of the building from the Commonwealth. Court security is provided as part of rental arrangements.
Maps Family Court of Western Australia
Jurisdiction
For married people who want to divorce and make arrangements for children, property and husband-wife care, the process at Family Court of Western Australia is held under the Family Law Act of 1975 (Commonwealth), which is a federal law. For unmarried people seeking arrangements for children, property and maintenance, the Court proceedings are held under the Family Court Act of 1997 (Western Australia) which is a state law. In 2002, the law was amended to incorporate de facto relationships and their property issues.
Adoption
Elsewhere in Australia, legal aspects of adoption are handled either in the Supreme Court or District Courts of each state and territory. In Western Australia, the Family Court of Western Australia is responsible for approval of adoption applications in the state. The court judge makes the order of adoption and other related orders, and the court then issues the appropriate order. The court also released information from previous adoption cases at the request of the Community Development Department. Court officers coordinate the processing of adoption and retrieval applications and answer questions from the public.
Substitute
The Western Australian Family Court has jurisdiction under the West Australian Substitute Act of 2008. The court judge may make an order of offspring and other related orders. A sequence of descendants removes the offspring of a child from the parent who he represents to the parents arranged by the child. The arranged parent then becomes the parent of the child's law. Upon the start of the 2008 Surrogacy Act on March 1, 2009, anyone wishing to enter into surrogacy arrangements shall comply with all procedures established under the Act and Regulation if they propose to apply to the Family Court of WA for an offspring order. If a child is conceived through a surrogacy arrangement before the Act comes into force, an application may be made to the Family Court of WA for original order provided that the application is brought within 12 months of the child's birth and all requirements set forth in the Act have been fulfilled.
Court Officer
The court is chaired by five judges, ten judges, and two single enlisted courts.
Chief Judge
- Judge Stephen Thackray (appointed 16 November 2006) (also a Justice of the Family Court Court of Australia)
Judge
- Justice Simon Moncrieff (designated August 31, 2009)
- Justice John Walters (designated December 6, 2012)
- Justice Susan Duncanson (designated December 6, 2012)
- Justice Richard O'Brien
All court judges have double commissions; at the time of appointment to the office, they were also appointed to the Australian Family Court. In addition to their judicial role in relation to family law matters, WA Family Court Judges are often requested after hours and on weekends to determine the application under the Interception Act of law enforcement agencies, relating to authorization to conduct telephone activities surveillance. In 2005 there were 153 such applications.
Family Law Magistrates
As of May 2016, the Court Judge is:
- David Monaghan (Principal Registrar)
- Annette Andrews
- Alan Moroni
- Lisa Stewart
- Gail Sutherland
- Francine Walter
- Mark Calverley
- Colin Kaeser
- Ciara Tyson
- Catherine Osborn
Registrar
- Laura De Maio
- Thomas Kuurstra (Appeal Registrar)
- Leonie Forrest
Notes and references
External links
- Official website
Source of the article : Wikipedia
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