When family violence or serious safety concerns are raised in family law matters, the courts take extra steps to ensure that the case is managed with care, urgency, and specialist attention. One of the ways this is done is through the Evatt List.
The Evatt List is a special case management pathway designed to help families where safety is a concern and is part of the Federal Circuit and Family Court of Australia system. It focuses on cases where there are allegations of family violence, child abuse, or other significant risks to the wellbeing of children and vulnerable parties. Matters placed on the Evatt List are handled by specially trained judicial registrars, Evatt Judicial Registrars, and Court Child Experts, who work together to ensure these sensitive proceedings are progressed in a safe, fair, and timely manner.
If you've recently been notified that your case has been placed on the Evatt List, or if you're preparing to attend court and want to understand what this means, this guide, put together by our family law specialist team explains the process, what to expect, and how the courts prioritise the protection of families at risk.
Purpose of an Evatt List
The Evatt List was created to improve the court process for families facing serious allegations of family violence, child abuse, or other high risk issues. Its main purpose is to make sure these matters receive specialised attention from the very beginning, with safety, urgency, and the best interests of the children as the top priorities.
Unlike standard court proceedings, cases on the Evatt List are managed through a specialist case management pathway. This means:
- Early identification of risks through the Family DOORS Triage risk screening process.
- Close involvement of judicial registrars, Evatt Judicial Registrars, senior judicial registrars, and Court Child Experts.
- Minimising further trauma to families by ensuring proceedings are managed sensitively and efficiently.
By streamlining the court process for high risk cases, the Evatt List helps ensure that families are protected, urgent issues are addressed quickly, and matters are prepared properly for the next stage — whether that's a compliance and readiness hearing, an interim hearing, or a final hearing.
How does a matter get placed on the Evatt List?
A matter may be placed on the Evatt List if, during the early stages of the court process, it becomes clear that there are significant risks involved – such as allegations of family violence, child abuse, or other safety concerns.
This usually happens after the parties complete the online risk screening questionnaire, also known as Family DOORS Triage. This confidential screening tool helps identify cases that may require additional safety measures and specialist attention. A triage counsellor reviews the screening results and, if serious risks are flagged, the case may be recommended for placement on the Evatt List.
Other ways a matter might be placed on the Evatt List include:
- Through information disclosed in an initiating application or during early court events.
- If a party brings urgent concerns to the court's attention before the first court date.
- Based on referrals by Court Child Experts or judicial registrars who identify risks needing specialist case management.
Once a case is identified as suitable, it is assigned to the Evatt List to ensure an appropriate case management approach from the outset.
What to expect if your matter has been placed on the Evatt List
If your case has been placed on the Evatt List, the process will look a little different to a standard family law matter. The court recognises that high risk cases need careful handling, so there are extra layers of support, assessment, and oversight built into each stage.
You can expect:
- An early Evatt First Return Event, where initial safety concerns are addressed and immediate interim orders (such as parenting or protection orders) can be made if needed
- Involvement of Court Child Experts, who may meet with you and the other party to assess family dynamics and child safety risks.
- Management of your case by specialist Evatt Judicial Registrars, senior judicial registrars, and other experienced judicial officers.
- A focus on minimising delays through clear procedural steps and fewer unnecessary court events.
- Opportunities for tailored support measures, such as the use of a support person or special safety arrangements when you attend court.
The aim is to protect families while also ensuring your matter is ready for the next stages — whether that's a compliance and readiness hearing, an interim hearing, or preparation for a final hearing.
While it can feel overwhelming to be placed on a specialist court list, it's important to remember that the process is designed to prioritise safety, manage risk properly, and reduce further trauma wherever possible.
When is an Evatt hearing held?
Generally, an Evatt hearing is held:
- After the Family DOORS Triage risk screening and assessment by Court Child Experts.
- Once key documents have been filed and procedural steps are completed.
- When it's necessary to resolve urgent matters (such as interim orders) before a final hearing.
The goal is to manage parenting matters involving serious risk in a timely manner, ensuring that urgent safety issues are addressed and the case is properly prepared for future court dates.
Process of an Evatt hearing
The Evatt hearing process is designed to manage high risk parenting matters carefully while still progressing the case efficiently through the court system.
Here's what typically happens:
- The hearing is overseen by an experienced Evatt Judicial Registrar, a senior judicial registrar, or another qualified judicial officer.
- Safety measures are put in place where needed, such as remote attendance or the use of a support person when you attend court.
- Evidence about family violence, child abuse, or other risks is discussed and tested, although full cross-examination may be limited depending on the stage of proceedings.
- The court may make urgent interim orders to protect children and vulnerable parties until a final hearing can take place.
- Directions are given to make sure the case is on track – this might include ordering a family report, appointing an Independent Children's Lawyer, or requiring parties to produce documents.
The Evatt hearing isn't about resolving everything immediately. Instead, it's about making sure that families at risk are protected early, and that the case follows a safe, fair, and efficient case management pathway toward a final outcome.
Key participants in an Evatt hearing
Several key people are involved in an Evatt hearing, each playing an important role in protecting families and managing the case properly:
- Evatt Judicial Registrar or Senior Judicial Registrar: Oversees the hearing, manages safety issues, and makes procedural decisions such as interim parenting orders or steps to prepare for a final hearing.
- Court Child Experts: Provide specialist insights into child wellbeing, parenting dynamics, and risk factors. They may speak to the parties or file reports that help the court make informed decisions.
- Judicial Registrars: Assist with managing the court process and ensuring matters are handled in line with the goals of the Evatt List.
- Independent Children's Lawyer: Acts on behalf of the child's best interests rather than representing either parent. Note that an ICL may not always be appointed in these situations.
- Court staff: Help with the logistics of hearings, safety arrangements, and communication between parties.
- The parties and their legal representatives: You and the other party (and your lawyers if you have them) will also participate, presenting evidence, responding to the court's directions, and helping move the case forward.
In some cases, external agencies like a child welfare authority might also be involved if there are concerns that require their input.
Everyone's role in an Evatt hearing is focused on managing risks, protecting children, and progressing the matter safely through the family court system.
Possible outcomes of an Evatt hearing
After an Evatt hearing, several different outcomes are possible depending on the risks identified, the evidence available, and the needs of the family. Some of the most common outcomes include:
- Interim orders: The court may make temporary parenting orders to protect children and manage parenting arrangements until a final hearing.
- Further preparation for final hearing: Directions might be made for parties to gather more evidence, complete risk assessments, or attend additional services before the case is listed for a final trial.
- Referral to additional support services: The court may refer families to counselling, parenting programs, or other services aimed at addressing safety concerns.
- Appointment of an Independent Children's Lawyer: If not already appointed, the court might decide that an independent voice is needed to represent the child's best interests moving forward.
- Compliance and Readiness Hearing: Your case may be scheduled for a compliance and readiness hearing to ensure that all necessary steps have been completed before it can proceed to a final hearing.
- Resolution of urgent issues: In some cases, if the urgent matters are resolved, the court might set aside time for a final hearing or make final orders where appropriate.
Every Evatt matter is unique, but the main focus of the court remains the same: protecting families at risk, progressing cases without unnecessary delays, and ensuring the best interests of the children are front and centre.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
