Our consultations on the Family Court revealed a deep sense of frustration. People complained about the number of occasions that they were required to attend court and the lack of continuity in proceedings. People are often forced to tell their story over and over again, because they may be dealing with a different court officer each time. The ALRC has made a series of proposals, designed to improve case management, making more effective use of judicial time and tailoring procedures to suit individual circumstances. The ALRC's review has identified a need to build increased accountability and transparency into the federal civil justice system.
Judicial independence is the cornerstone of our justice system.
However, there has been no formal process for lodging or investigating complaints against federal judicial officers. There is no code of conduct against which behaviour may be measured, nor have sanctions been available, short of removal from office by a vote of both houses of the Parliament. As well, the legal profession should draft clearer, more comprehensive and appropriate national practice standards outlining the responsibilities and ethical duties of lawyers. Many overseas jurisdictions have legal practice standards which state both the rules and provide explanatory commentary, to illustrate the application of the rule in practical circumstances. The ALRC strongly supports such an approach.