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‘Exciting time’ to be a family lawyer in 2024
Family lawyers will work in a bit of a “grey area” until significant legislative reforms come into effect in mid-2024, but when they do, it will be a “really exciting time”, one practitioner predicts.
Naomi Neilson
The Family Law Amendment Bill 2023 and Family Law Amendment (Information Sharing) Bill 2023 will bring about the “biggest reforms” in the space in close to two decades, Barry Nilsson principal Genevieve Morgan said on an episode of The Lawyers Weekly Show.
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In the episode, Ms Morgan explained the amendments – first proposed by the Australian Law Reform Commission in an April 2019 report – will not only remove a “bad law” but will also give the court even greater discretion on how to deal with parenting arrangements.
This has been a “long time coming”, Ms Morgan said.
“It’s good to see some of these reports that have been sitting in the bottom drawer actually being implemented by the government, and these amendments being passed should help families navigate the system, should make it simpler, should make it more straightforward.”
Ms Morgan said the amendments will not only help clients navigate the complex family law system but will also be a major advantage to lawyers.
“It’s a really exciting time to be a family lawyer.
“[The changes are] all really good, and it makes me proud to be a family lawyer, to be able to work in a system that people can navigate more easily than they had previously,” Ms Morgan said.
While the first half of 2024 will be a bit of a “grey area” for practitioners, Ms Morgan said lawyers will need to use this period to educate themselves on the changes – including reading the legislation amendments in detail and examining what it will mean for them.
“While the principles are largely the same, the act is substantially amended, so practitioners are going to have to be on top of that.
“Lawyers are going to have to be across all the amendments, and specifically what the court is going to be looking at when they do deal with those cases, and make sure their evidence hits all the points the court will be looking at,” Ms Morgan explained.
As part of the amendments, Ms Morgan said there will be a “massive push” – and even more so than before – for lawyers to help their clients through mediation procedures with the court.
“The court should be the last resort for everybody, and that’s well accepted by family lawyers,” Ms Morgan said.
“Practitioners should be using their skills to mediate where possible and empower clients to make arrangements they think are best.”
Ms Morgan added family lawyers have “such an important role” in their client’s life, and they will be needed more than ever to assist in mediation, negotiations, or navigating the stress of the court system.
“I feel very privileged to be able to help people through that process and be there for them through all that entails,” Ms Morgan said.
