Family Court of Western Australia: Difference between revisions

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== Structure ==
[[Western Australia]] is unique amongst [[States and territories of Australia|Australian states]] in being the only state with its own family court. Family law matters in all other states are dealt with by two federal courts – the [[Family Court of Australia]] and the [[Federal Circuit and Family Court of Australia|Federal Circuit and Family Court]]. The Family Court of Western Australia is an integrated court, in that it combines the functions of a superior court and a lower court. Officially, the Family Court is two courts in one - the Family Court itself (constituted by its judges) and a magistrates' court (constituted by family law magistrates). Its magistrates' division is officially differentiated from the main [[Magistrates Court of Western Australia]] by being referred to as the 'Magistrates Court at 150 Terrace Rd Perth'.{{citation needed|date=November 2019}}
 
Section 41 of the ''Family Law Act 1975'' (Cth) permitted a state to establish its own family court. The Family Court of Western Australia was established by the ''Family Court Act 1975'' (WA) (later repealed and replaced by the ''Family Court Act 1997'' (WA)). In the [[second reading|second reading speech]] of the 1975 bill the Minister for Works, [[Des O'Neil]], referred to a number of reasons the [[Western Australian Government]] preferred to keep a state-based family court (rather than referring family law matters to a Commonwealth court). These included concerns over the demarcation of federal and state jurisdiction and its effect on litigants, that the court could exercise related state jurisdiction, and to "keep the justice system as close to the people of the state" as possible without the need to establish a Commonwealth court.<ref>[http://www.parliament.wa.gov.au/hansard/hansard1870to1995.nsf/0/385d0af0d5b33fca48257a38000e293d/$FILE/19751021_Assembly.pdf Western Australia, Parliamentary Debates, Legislative Assembly], 21 October 1975, 3605-6 (Des O'Neil)</ref>