A $12.7 million policy for parental dispute resolution the government announced without consulting industry first could raise constitutional issues, according to the Law Council of Australia. But how did it get into the budget in the first place?

The government announced in Tuesday's budget that it would invest $12.7 million in what it is calling "an innovative forum" for resolving simple family law disputes between parents who self-represent. The Parent Management Hearings will be trialled in Parramatta in western Sydney, with a second site to be announced later, Attorney-General George Brandis announced on Tuesday.