Judges bailing out of the family courts at an alarming rate … Delirium over merged courts fiasco … No sign of a functioning attorney general … Two Wigs Willy running the shop from Hobart … Depleated appeal division … New FCFCA bureau de spank for judges … Still no certainty for an ancient “black hole” case
THINGS are off to a rocky start at The Christian’s newly merged temple of family justice.
Already 13 judges at both the Family Court and the Federal Circuit Court have their hands up for retirement.
At least six are voluntary retirements, leaving after 10 years before the mast, but short of statutory senility. Maybe it’s an indication that not all judges are tickled pink by Porter’s “single point of entry”.
Here’s what the list looks like, with departure dates:
This leaves the Full Court (across the country) with only Stewart Austin (Newcastle), Murray Aldridge (Sydney) and Peter Tree (Nth Qld) – unless the CJ and DCJ do cameos – despite not being regular participants to date.
As it is chief justice Two Wigs Willy Alstergren has been spending quite some time in Hobart, diligently attending to settlement conferences and other tasks. Some have been unkind enough to point out that this places him closer to his hideaway on Satellite Island.
Two Wigs Willy and whoever is the Commonwealth’s functioning attorney general will be scratching around for a whole new batch of judges. The chief justice explained to his troops that “significant changes” will be occurring over the next 14 months.
The Federal Circuit Court is also in a pickle:
And in Tasmania there is one judge for both courts.
Last year, the Circus Court had a “large number of retirements”. It has been allocated an additional three general federal law judges and one family law judge.
In relation to the empty seats on the FCC, Willy says:
“I am hoping that at least some appointments to fill those vacancies will be made by the first or second week in March 2021 …
Please be assured I will do my very best to have each vacancy filled as quickly as possible. If you have any suggestions for appointments please email me directly …
If other judges are considering retirement please let me know as soon as possible so I can start the process of requesting from the government a suitable replacement. The attorney general has assured me that he will fill all vacancies.”
In the meantime, former registrars and deputy registrars are being roped-in with delegated powers to get through the work at a “cut-price”.
There are some interesting straddles – apart from being a senior Federal Court and FCC registrar Brett McGrath is also a member of the council of the NSW Law Society, currently the treasurer.
Deputy principal registrar Virginia Wilson will be the complaint handler. Willy says:
“The committee’s brief is to investigate any judicial complaint I refer to them and provide me with advice as to whether the allegations are made out and if so what action should be taken.”
Court memo from Two Wigs, Feb. 5, 2021
The case commenced in 1984 but then disappeared into a “black hole” – the file being “archived” sometime in 1986, without any final orders.
Over 30 years later, it “resurfaced” with the idea that the trial be held expeditiously. After further agonising delays a judgment was delivered in December 2020.
The husband, now aged 81, wants to appeal and again expedition has been requested.
Last month Justice Steven Strickland said the arguments for some acceleration of the matter are “compelling”, however the April appeal list for the Melbourne/Adelaide sittings is chock-a-block and the judge is not prepared to shift another case to make way for the 81-year-old.
All he can do is put the matter as the first reserve case for the sittings on April 29 or 30.
Failing anything happening then in will go over to the June sittings “with priority” although it cannot be listed for a particular day as it depends on what else is cooking.
There is a practical difficulty in that the wife and her lawyers are in Queensland and very short notice may prove problematic.
On it grinds.