The Federal Circuit and Family Court of Australia ('the Court') handles a variety of federal law matters, including family law, migration law, administrative law, consumer law, human rights, intellectual property, and privacy. The Court also manages complaints about the conduct of its registry staff and judges. There are three types of complaints you can make to the Court:
- Complaints about registry staff and services.
- Complaints about judges.
- Complaints about delays in the delivery of a judgment.
What types of complaints can you make?
The Court can handle three types of complaints:
- Complaints about Registry Staff and Services: You can complain about the registry or administrative staff for issues such as:
- Unhelpful or discourteous service
- Delays in providing information or processing documents
- Incorrect or inadequate information about court processes
- Complaints about the Conduct of Judges: You can complain about a judge's conduct during a case or their capacity to perform judicial duties.
- Complaints about Delays in Delivery of Judgments: You can complain if a judgment is unreasonably delayed beyond the expected timeframes.
Jurisdiction:
Complaints can be made about staff and judges in any State or Territory.
Time Limitations:
- Registry staff and services: Complaints can be made anytime but should be lodged promptly.
- Judges' conduct: Complaints can be made anytime, but the Court may not act on old complaints.
- Judgment delays: Complaints can be made if a judge's judgment is not delivered within six months, or a registrar's within three months.
Exclusions:
The Court cannot handle complaints about:
- Case management decisions or orders
- Solicitors, barristers, or Independent Children’s Lawyers (refer to State/Territory bodies)
- Family consultants or other court-involved individuals (address in cross-examination or via email to customer.service@fcfcoa.gov.au)
- Criminal and corruption matters (handled by police or the National Anti-Corruption Commission)
Who can you make a complaint against?
You can make a complaint against:
- Registry and administrative staff: Complaints can be about administrative policies and functions.
- Judges: Complaints can be made about a judge's conduct.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint about court registry staff, administrative staff, or a judge's conduct.
Before you lodge a complaint:
No steps are needed before lodging a complaint.
Complaints on behalf of someone:
Complaints can be made on behalf of someone with their authorisation.
What can this body do to help?
This body may provide:
- Explanation: A formal response to complaints within 20 working days.
- Temporary restriction of a judge’s duties: To maintain public confidence, a judge may be temporarily restricted from hearing cases.
- Removal of a judge: In extreme cases of proved misconduct, a judge may be removed by the Governor-General.
- Training: Judges may undergo training if a complaint is substantiated.
How to prepare your complaint
Format:
- Complaints about registry and administrative staff: In person, phone, writing, post, fax, or email.
- Complaints about the conduct of a judge or judgment delays: In writing.
Personal Details:
Full name, postal address, contact number, case name, and file number (if relevant).
Respondent’s Details:
Name or description of the person.
Relevant Facts:
Detailed description of the conduct, date(s), witness names, and supporting documentation.
Lodging your complaint and next steps
Where to lodge your complaint:
- Registry and Administrative Staff
- Post: GPO Box 9991, Melbourne Vic 3001
- Email: customer.service@fcfcoa.gov.au
- Phone: 1300 352 000
- Judge Conduct
- Post: GPO Box 9991, Melbourne Vic 3001
- Email: customer.service@fcfcoa.gov.au
- Judgment Delay by Registrar or Judge
- Use the relevant contact above or have your solicitor or barrister raise it with their law society or Bar Association.
Handling of Complaints:
- Registry and Administrative Staff
- Response within 20 days with actions taken or reasons for no action.
- Judge Conduct
- Chief Justice’s Preliminary Assessment: May dismiss, consult the judge, assign another senior person, establish a Conduct Committee, or refer to the Attorney-General.
- Dismissal Reasons: Frivolous, vexatious, not in good faith, misconceived, trivial, too old, other redress available, related to judicial functions, judge no longer in office.
- If Not Dismissed: Discuss with judge, manage court administration, maintain public confidence.
- Conduct Committee: Investigates and ensures procedural fairness, may hold hearings, stops if judge leaves office.
Outcome Notifications:
- Chief Justice will inform you of the outcome.
- Judges may be removed only in extreme cases by the Governor-General upon Parliament's request.
Judgment Delay:
- Referral to Chief Justice: Law societies or bar associations will refer delays.
- Chief Justice’s Actions: Discuss with the judge, handle as conduct or incapacity issue.
Additional Information:
- Keep a copy of your complaint and submission details.
- Chief Justice and assistants are immune from litigation related to the complaints process.
More information:
Refer to the factsheet provided below for more information.
