NSW: NSW Law Society concerned over family tribunal proposal

AAP General News (Australia)
12-29-2003
NSW: NSW Law Society concerned over family tribunal proposal

SYDNEY, Dec 29 AAP - NSW lawyers today accused a federal parliamentary committee of
overstepping its boundaries by recommending the creation of a national families tribunal.

The House of Representatives Family and Community Affairs Committee today called for
a radical reshaping of the family law system, including the creation of a new families
tribunal.

The proposed tribunal would perform many of the Family Court's functions, including
the making of binding orders.

But NSW Law Society president Robert Benjamin said such a tribunal would be extraordinarily
expensive to set up and would not be equipped to deal with the cases which would come
before it.

"We find it peculiar that there is a recommendation for a national families tribunal
to look at future parenting arrangements," Mr Benjamin said in a statement.

"Not only is this outside the terms of reference, no organisations or community groups
were asked to comment on that consideration."

He said it appeared the tribunal, composed of a mediator, lawyer and social scientist,
would be designed to replace a single judge or magistrate.

Mr Benjamin said people would have to prepare and run their own cases before the tribunal
and it was not known how the child's point of view would be put across.

The Law Society was also concerned that a mediator - usually precluded from becoming
involved in a dispute - could become part of a decision-making panel.

The Federal Magistrates Court, set up three-and-a-half years ago to deal with family
law matters, was running well, Mr Benjamin said.

"The Magistrates Court provides inexpensive and relatively quick judicial determination,
...(so) there seems little reason to create, in effect, a third court," he added.

The society also expressed concerns about a proposal for a six-week moratorium on child
support payments following a couple's separation.

However, the NSW Law Society applauded the parliamentary committee for generally encouraging
a greater voice for children and the restoration of joint parental responsibility in child
rearing.

AAP aj/kbw/cbs/jlw

KEYWORD: CUSTODY NSW

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