Improved Access to Justice for Aboriginal and Torres Strait Island Families.

Recently, the Federal Circuit and Family Court of Australia introduced a Specialist Indigenous List in its' Newcastle Registry.

The Indigenous List is part of the Court's commitments under the 2019 - 2021 Reconciliation Action Plan, striving to deliver practical approaches that deliver equitable outcomes for Aboriginal and Torres Strait Islander communities and families.

The Indigenous List differs from other court lists. There is a degree of informality, specialist support services available on the day, and the judge may choose to close the courtroom to the public, if appropriate. A dedicated Indigenous Family Liaison Officer can help the parties to understand and engage with Court processes and connect parties to legal and other support services.

Recently, our team at The Family Law Co. attended training about the introduction of the Indigenous List in the Newcastle Registry. Our family law solicitor, Jessica Bagnall, has written a blog with her 5 key takeaways about the practicalities of the list that all solicitor's should know:

1. Both property and parenting matters can be included on the Specialist Indigenous List in the Newcastle Registry.
2. The Specialist Indigenous List aims to strengthen parties' access to justice rather than fundamentally changing the role of the Court or how matters are determined.
3. Parties that are included in the Specialist Indigenous List can still access the support offered in the other specialist lists, for example, the Evatt and the Magellan List. Support will also be offered to every party who is involved in a matter included in the Specialist Indigenous List, regardless of whether they identify as Aboriginal or Torres Strait Islander.
4. The Specialist Indigenous List offers both consistency and flexibility. Consistency shall be offered to parties, as Senior Judicial Registrar McGowan shall be responsible for the case management for all matters in the Specialist Indigenous List, in Newcastle. Flexibility is offered by the process of adapting to address the needs of the parties in each matter, including offering multiple smaller interlocutory events where necessary.
5. The Indigenous Liaison Officer provides support to parties during the entirety of the Court proceedings. Indigenous Liaison Officer can attend Court events, from Child Impact Report Interviews to Interim Hearings. The role of the Indigenous Liaison Officer varies depending on the support required by the parties and requested by the Court, for example, they can be called upon to provide the Court assistance in understanding the cultural aspects of the proceedings.

If you require family law assistance, our friendly team is here to help. Contact our office on (02) 4081 0855, to speak with one of our experienced family law solicitors and find out how we can assist you.