The majority voted in favour of a motion introduced by SA Senator Stirling Griff (Nick Xenophon Team), which means it succeeded.

Motion text

That the Senate—

(a) notes:

(i) the failure of the Government to adequately fund the Federal Circuit Court of Australia and the Family Court of Australia,

(ii) that the Government's neglect of the Family Court of Australia and the Federal Circuit Court of Australia means that families facing the most serious family law issues can wait up to three years before a final trial,

(iii) that the continued failure by the Government to adequately resource the family law system has served to create a snowballing effect, the social and economic cost of which will continue to be felt by the community for years to come,

(iv) that the Government has failed to consult with the courts and the legal profession to formulate a clear plan for the future,

(v) that, in March 2014, a report by KPMG, commissioned by the Attorney-General's Department, into the funding of federal courts was presented to the Government but has still not been released,

(vi) that the KPMG report, obtained by The Australian in 2014, warned of significant cuts to service and staffing levels potentially leading to increased delays in litigation, the closure of smaller registries and cutbacks to services in regional Australia,

(vii) that the warnings in the KPMG report appear to have gone unheeded by the Government,

(viii) that, in 2014-15, as part of the response to the KPMG report, the Attorney-General's Department undertook additional work with Ernst & Young to develop costings scenarios involving federal courts, and

(ix) that KPMG's comprehensive report confirming the financial crisis facing federal courts and proposing a range of possible solutions, along with the Ernst & Young costings in response to the KPMG report, should be released prior to the Senate voting on the Family Law Amendment (Parenting Management Hearings) Bill 2017; and

(b) orders that there be laid on the table, by the Minister representing the Attorney­-General, by 9am on 22 March 2018:

(i) the KPMG report into the funding of federal courts, and

(ii) the Ernst & Young costings in response to the KPMG report.

Notice of motion altered on 19 March 2018 pursuant to standing order 77.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives Absent
Australian Greens (100% turnout) 9 Yes 0 No
Andrew Bartlett Queensland Yes
Richard Di Natale Victoria Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Lee Rhiannon NSW Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Jordon Steele-John WA Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (84% turnout) 21 Yes 0 No
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Doug Cameron NSW Yes
Kim Carr Victoria Yes
Anthony Chisholm Queensland Yes
Jacinta Collins Victoria Yes
Patrick Dodson WA Yes
Alex Gallacher SA Yes
Kristina Keneally NSW Yes
Kimberley Kitching Victoria Yes
Gavin Marshall Victoria Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Claire Moore Queensland Yes
Deborah O'Neill NSW Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Lisa Singh Tasmania Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Murray Watt Queensland Yes
Don Farrell SA Absent
Katy Gallagher ACT Absent
Chris Ketter Queensland Absent
Penny Wong SA Absent
Nigel Scullion NT Country Liberal Party No
Derryn Hinch Victoria Derryn Hinch's Justice Party Yes
Sue Lines WA Deputy President Yes
Fraser Anning Queensland Independent Yes
Lucy Gichuhi SA Independent No
Steve Martin Tasmania Independent Absent
Tim Storer SA Independent Absent
David Leyonhjelm NSW Liberal Democratic Party Yes
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (86% turnout) 0 Yes 19 No
Eric Abetz Tasmania No
Simon Birmingham SA No
Slade Brockman WA No
David Bushby Tasmania No
Michaelia Cash WA No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Jane Hume Victoria No
Ian Macdonald Queensland No
Jim Molan NSW No
James Paterson Victoria No
Marise Payne NSW No
Linda Reynolds WA No
Anne Ruston SA No
Zed Seselja ACT No
Dean Smith WA No
Mathias Cormann WA Absent
Lucy Gichuhi SA Absent
Arthur Sinodinos NSW Absent
National Party (100% turnout) 0 Yes 3 No
Bridget McKenzie Victoria No
Barry O'Sullivan Queensland No
John Williams NSW No
Nick Xenophon Team (100% turnout) 2 Yes 0 No
Stirling Griff SA Yes
Rex Patrick SA Yes
Pauline Hanson's One Nation Party (100% turnout) 3 Yes 0 No
Brian Burston NSW Yes
Peter Georgiou WA Yes
Pauline Hanson Queensland Yes
Scott Ryan Victoria President No
Totals (88% turnout) 39 Yes – 27 No