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Court backlog burden to be lessened by new federal funding

National Legal Aid says recently introduced government funding will go a long way to help reduce court backlogs and “throw a legal lifeline” to Australians grappling to afford assistance.

user iconEmma Musgrave 22 November 2018 Politics
Scales of Justice
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The legal body has responded warmly to the Women’s Economic Security Package, introduced this week by Minister Kelly O’Dwyer.

According to National Legal Aid family law spokesperson Gabrielle Canny, the funding will help Australia's eight legal aid commissions deliver a number of new services, including family law property dispute mediation.

“Legal aid mediation services already have an 80 per cent success rate when it comes to helping separating parents resolve disputes over the care of their children," Ms Canny said.

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“This new pilot program extends those mediation services to disputes over property – including real estate, superannuation, other assets and debts.

“Family Dispute Resolution services are provided by legal aid commissions at secure purpose-built locations that keep parents apart while their lawyers, and a chairperson, come together to work through the issues. It helps separating couples reach a mediated agreement with the assistance of lawyers – without going through court proceedings that are usually expensive, lengthy and deeply distressing.

“The legally-assisted Family Law Property Mediation program will receive $10 million in Commonwealth funding for a two-year pilot to be run by legal aid commissions across Australia."

Next, she noted the package will enable cross-examination funding in family court matters involving DV allegations.

“This funding for new cross-examination procedures will help protect vulnerable individuals in court disputes while also ensuring due process occurs in these legal matters," Ms Canny explained.

“National Legal Aid has been extensively involved in talks with the Commonwealth government about these new cross-examination procedures for people who represent themselves in family law cases involving allegations of domestic violence.

“The funding is a significant and welcome step. Based on the current available research about the incidence of this problem, we believe this funding will be sufficient to address it.

“Research shows there are currently just under 100 family law courts matters per year where domestic violence was alleged and an unrepresented person was cross-examined by their former partner.”

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