T​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​his task will take the form of a simulated Law Reform or

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T​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​his task will take the form of a simulated Law Reform or Parliamentary Inquiry. Choose ONE area to address ONE of the terms of reference below. You may even need to narrow to focus on ONE issue or problem that arises under this term of reference.
Because this is a piece of research for a university course, you should NOT rely on citing the submissions made by others (individuals or groups) to previous law reform/ parliamentary inquiries. This is because while they are evidence of the opinion of an organisation, they are not necessarily evidence of ‘fact’. Submissions do not go through a rigorous process of peer review for legal accuracy before publication. Of course, some organisations are likely to have rigorous researchers. Others, may not and may include incorrect or outdated legal and other information.
This task is different from writing an essay. Not only will you need to construct an argument, but you should also make a recommendation about what needs to be done to improve the law, and provide academic support for that recommendation. You can either critique the law and suggest that a provision or provisions need changing, or, suggest that the law is working well and does not need changing. You DO NOT need to suggest new wording of the legislation.
Please read the information attached about how to structure a submission to a law reform inquiry. The biggest difference is is that you MUST set out all your recommendation/s about what should (or should not) be changed at the very beginning, just after the introductory paragraphs and before the body of your submission. If you do this, you do not need a conclusion.
Please use AGLC4 referencing
THE QUESTION:
The past decade has seen a number of inquiries into Family Law responding to public pressure that the system is broken and needs fixing. The most noticeable concrete change that has occurred in light of these inquiries has been the merger of the Family Court and the Federal Circuit Court, now called the Federal Circuit and Family Court. Concerning the merger, the government has stated that
“The overlapping family law jurisdiction between the pr​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​evious Family Court and Federal Circuit Court of Australia (FCC) led to significant inefficiencies, confusion, delays, additional costs and unequal experiences for many families. This resulted in poor outcomes for some children and families, including those affected by family violence. The new court structure will help Australian families resolve their disputes faster by improving the efficiency of the family law system, reducing the backlog of matters before the family law courts, and driving faster, cheaper and more consistent dispute resolution.”
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(Simulated) Terms of Reference
With the recent change of federal government, the Australian Law Reform Commission is (hypothetically) interested in the extent to which the merger goes far enough, and to what extent it has addressed the identified problems of inefficiency, confusion, delay, costs and inconsistencies. Further, the ALRC wishes to hear from the community concerning their views on recommendations from previous inquiries which might address those problems.
Whilst submissions addressing any issues of efficiency, accessibility, timeliness and consistency in dispute resolution arising from the Family Law Act 1975 (Cth) or its application are welcomed, the ALRC specifically welcomes submissions on the following matters (CHOOSE ONE):
1. To what extent has the merger addressed the identified problems of inefficiency, confusion, delay, costs and inconsistencies? Are further improvements needed?
2. If the family law courts were initially set up to be specialist ‘helping courts’, how might this vision continue, or be impeded, by the merger? Assuming that the current government will not roll back the merger, what else might be done?
3. What further reforms to family law or the family law system might lead to a reduction in the time taken for family law matters to be resolved, so that families who need the assistance of the court might have their matters addressed in a more timely way?
4. Are there further innovations in the areas of ADR (alternative dispute resolution) which might further enhance the appropriate, quick and cheap resolution to family law disp​‌‍‍‍‌‍‌‍‍‍‌‌‌‍‌‌‌‌‌‌​utes?

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