By Hannah Fernie
Following the Federal Circuit and Family Court of Australia’s commitments under their Reconciliation Action Plan, the Family Law Indigenous list aims to provide greater access to justice for Indigenous parties involved in family law proceedings.
Differing from other court lists, the Indigenous List adopts a less formal setting and can provide specialised support services, which include contact with Indigenous Family Liaison Officers, who help parties understand and engage with the court process and connect them to legal and other support services.
As part of Community Legal Centres NSW First Nations Cadetship Program, I had the chance to visit the Federal Circuit and Family Court of Australia in Sydney, Gadigal land, recently. Being aware of many of the disadvantages that Indigenous people in Australia face, I was intrigued to see how the specialised Indigenous List operated and to learn what considerations were given to these barriers, and Indigenous culture and customs.
Outside the courtroom, the other cadets and I were greeted by the Indigenous Family Liaison Officer, Lola. From our initial introduction, Lola emanated a warm, nurturing and welcoming nature. At the same time, she explained to us her role and shared with us how pivotal having those support services available to parties can be. Lola explained how it was not unusual for parties to have been involved in family law or care and protection matters as children themselves, and how this can sometimes contribute to parties developing a mistrust of the court process. Lola told us how factors such as poor literacy, language barriers, and almost no knowledge of family law exacerbated their vulnerability, and how sometimes this would cause parties to disengage with proceedings.
Her Honour, Judge Boyle, began proceedings with an Acknowledgment of Country, acknowledging the Indigenous parties present and the traditional owners of the land on which the the Federal Circuit and Family Court of Australia (FCFCOA) stands.
As matters were being heard, it was clear that Judge Boyle gave gravity to identifying the Indigenous status of parties involved, inquiring if they knew of, or had engaged with any of the available services.
Judge Boyle conducted the matters in the list by giving significant consideration to how establishing or maintaining a connection to culture is in the best interests of the children. Judge Boyle would ask the parties questions about relationships with the child’s maternal and paternal family members, living arrangements and associations within their community. Judge Boyle acknowledged how living arrangements for Indigenous children may not look like the traditional form we are accustomed to of just immediate family, understanding the cultural norm was for extended family to live together and all take on the role and responsibilities of raising children, in particular, aunties and grandparents. These were all factors that were well articulated in her reasons.
Judge Boyle acknowledged that it was also not unusual for Indigenous families to live in more remote parts of NSW, and that access and engagement with services or child visitation centres was challenging or often unfeasible for remote residents. This consideration was reflected in orders that were made, however when making orders the best interests of the child were kept at the forefront.
The Family Law Indigenous List represents a critical step towards achieving equitable justice for Indigenous parties by recognising and addressing their unique needs and cultural context. The specialised support provided, from Indigenous Family Liaison Officers to culturally sensitive judicial practices, ensures that the court process accommodates the traditions of Indigenous families face, and the barriers they face. This approach not only fosters a more inclusive and understanding legal environment but also strives to keep Indigenous children connected to their cultural roots and extended family networks. Ultimately, such initiatives are essential in reducing systemic disadvantages and ensuring that justice is both accessible and respectful of Indigenous heritage.
Contact the Federal Circuit and Family Court of Australia here.