The delays in the family law jurisdiction have been the focus of
considerable attention for some time, but even more so in recent
months. This month, family law practitioners in Brisbane welcomed
the judicial appointment of the Honourable Justice Catherine Carew
to the Family Court of Australia.
However, with only three Family Court judges in the trial
division in Brisbane, the caseload of the Family Court will
continue to overflow. The Federal Circuit Court is under similar
strain with too many matters for the number of judges appointed to
that Court. It is not uncommon for litigants in the Family Court to
wait up to two years for a trial date, and a further 12 months for
judgment. This could see parties who file their applications today
not receive a hearing date until the end of 2017 and, potentially,
a judgment at the end 2018, if not later. This creates many
complexities for families and in particular children who are forced
to wait in abeyance until judgment is delivered.
A three year wait for a decision is hardly practical or
desirable for most families and it is important that litigants are
aware of their alternative avenues of resolution outside of the
Court system. Parties to a family law dispute can resolve their
matter through various avenues, including:
Negotiation, including exchanges of offers through
correspondence and round table conferences;
There are also instances where particular dispute resolution
avenues can be explored concurrently with Court proceedings.
There are many advantages to resolving family law disputes
outside of the Court process. Parties will retain control of their
matter and, in most circumstances, minimise the emotional and
financial costs associated of litigation.
The most appropriate resolution process will depend upon the
particular and personal circumstances of a matter.
The HopgoodGanim Family
Law team advocate using the right dispute resolution process
for the right matter and client including non-court based
techniques of mediation and arbitration. Our large and senior team
apply their advanced negotiation and conflict resolution skills to
all matters to ensure that they're able to achieve the most
expeditious and desirable outcome to a family law matter for their
Sect.117 can deal with false statements and knowingly making false allegations of violence could justify a costs order.
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