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Dispute resolution pathways priority for newly merged Family Court
The Federal Circuit and Family Court of Australia merger is officially in place, bringing with it a single point of entry, harmonised forms, penalties for compliance issues and, above all, a commitment to effective and efficient resolutions. So, what does this “bold and innovative” shift into new territory mean for family law?
Naomi Neilson
Chief Justice of the courts, the Honourable Will Alstergren, said that people behind the merger have been “working diligently to build a court system that is innovative, focuses on safety of children and changes the culture of family law”. It starts with a return to a single point of entry and leads into a promise of a 12-month resolution.
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Under the nationally consistent pathway, the new court will ensure that dispute resolution opportunities are offered within the first six months for parties in dispute who are considering legal proceedings. The court’s hope is that litigating parties will take advantage of the opportunity to participate in dispute resolution and opt out of trial.
Resolution Institute member and dispute resolution practitioner Michael Keogh said the new court’s overarching purpose will “facilitate the just resolution of disputes”.
“The emphasis is on dispute resolution processes before parties consider going to court and after the commencement of legal proceedings. The bold and innovative change to court processes represents a cultural shift away from a community focussed on the judicial determination of family court matters,” Mr Keogh said.
The new “effective case management system” will prioritise the safety of children and vulnerable parties in the assessment of the appropriate pathway for all matters.
The court will encourage parties to use dispute resolution procedures and to prioritise both internal and external dispute resolution, including private mediation, family dispute resolution, conciliation conferences and arbitration in property disputes for as many cases as possible. Doing so, the Chief Justice said, will significantly reduce the time and money spent to take a matter to trial.
“Our aim is to get cases through our pathway and have disposed as much as 90 per cent of it within the 12-month period. The courts have been gathering evidence on a weekly basis, and more information will be circulated on this over the coming weeks and continually over the coming months,” Chief Justice Alstergren said.
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