Family Court of Australia

[6] The Court has had five Chief Justices to date, Elizabeth Evatt AC (1976–1988), Alastair Nicholson AO, RFD, QC (1988–2004), Diana Bryant QC (2004–2017), John Pascoe AC CVO (2017–2018)[7] and Will Alstergren QC, the current Chief Justice who was appointed on 10 December 2018 (having served as Chief Judge of the Federal Circuit Court of Australia since September 2017 and continuing to hold that position).

[8] The position of Deputy Chief Justice was previously held by John Faulks until 30 October 2016,[9] but has been filled by former Attorney-General Robert McClelland since 10 December 2018.

Its jurisdiction covers applications for declarations of the validity or nullity of marriages, divorces, residence, contact, maintenance, child support and property issues.

This jurisdiction, granted under the Family Law Act 1975, is a Commonwealth responsibility under the "matrimonial causes" head of power in Section 51(xxii) of the Australian Constitution.

Prior to 1975, jurisdiction over family law matters was held and exercised largely by state Supreme Courts under the Matrimonial Causes Act.

The Commonwealth power to legislate for marriage and "matrimonial causes" is supported by sections 51(xxi) and (xxii) of the Constitution, whereas the power to legislate for de facto financial matters largely relies on referrals by States to the Commonwealth in accordance with section 51(xxxvii) of the Australian Constitution.

The Law Council stated that "Chapter III courts exercising largely identical jurisdictions, with separate administrations and competing for funds and resources, is wholly unacceptable and that rationalisation and integration of the two federal courts exercising family law jurisdiction is urgently required.

"[20] In her written submission to the Attorney-General, the current Chief Justice, Diana Bryant, noted "the budgetary pressures facing both existing Courts", and that as far as litigants and the public were concerned, there appeared to be significant duplication of resources and functions.

She noted that "there are at present two courts with concurrent jurisdiction doing first instance family law work with no legislative differentiation."

Judges and judicial registrars of the Family Court of Australia wore a black silk gown, a bar jacket with either bands or a jabot and a bench wig.