Family Law Lawyers Brisbane

Welcome to a brand new day, and the most fundamental shift for decades in the manner in which our legal system manages family breakdown and the conflict that emanates from such an inherently personal experience. On paper, the environment could not be more optimal. Resourcing is good, and the rules and practice directions whilst very new, are clear.   The obligations imposed by the Rules, and the likely appetite that Registrars and Judges will have for compliance with those rules and lawyers demonstrating a clear competence in the practice of family law , should allow for a more optimal experience for every litigant. By virtue of the pre-action obligations imposed upon parties, hopefully, it will also add up to greater resolutions without the filing of proceedings. Whilst the above is so exciting, there is a key component to achieving optimal resolution which the Court can only influence not control – and that is the quality and ethic of the lawyers practising in this complex...

The new Court rules are live and the focus no doubt of much review and concentration ahead of when they take effect tomorrow, 1 September 2021.  The new rules are termed the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, but for ease, I’ll refer to them herein as the new Family Law Rules. You can review them here . The new Family Law Rules run to 324 pages, but in a world where practitioners previously endeavoured to reconcile Family Court of Australia rules that ran to 466 pages and Federal Circuit Court Rules that ran to 258 pages, it does represent a significant simplification of the Court process. The optimism attracting to 1 September is a response which goes beyond the breadth of the applicable Court Rules thou. The simplicity of one point of filing entry, the use of the same Court forms, and a standard case management pathway (for use in the majority of cases) has the potential to offer a much more positive experience for lawyers and litigants. ...

We are officially on the fast track to 1 September, and time to talk about the  Fast Track Hearing List  within our brand new, amalgamated Court . In past years, some difficulty has been caused by the same timelines and requirements (and, by implication, cost consequences) being incurred irrespective of the nature of the matter or the issues that are in dispute.  Whilst the flexibility afforded to matters by the less adversarial style court rules and the very nature of the Federal Circuit Court was intended to avoid this – the different approach of individual Judges has led to a lack of certainty as to whether one could realistically aspire to any fast track style hearing. Under the new Central Practice Direction, there is no provision for the  Fast Track Hearing List.   The Court, at its discretion, can refer a matter to the fast track hearing list at any point prior to the allocation of a final hearing date, and normally after dispute resolution has failed ...

Four days to launch and there is much buzz in the family law profession about what next Wednesday will bring!  The new Family Law Rules, which will give effect to the initiatives set out in the Central Practice Direction have yet to be circulated widely, although have been approved by the requisite number of judges and will take effect on 1 September. As discussed previously, whilst the emphasis is upon the prospect of ensuring all material disclosure has been exchanged prior to the initiation of court proceedings, it is expected that the Rules will also provide quite detailed requirements for ensuring that disclosure has been provided after proceedings are initiated in financial matters particularly. Disclosure is a term used to describe the production to the other party or parties of any documentation which is relevant to the issues in dispute.  In the ordinary course in property settlement matters, they are documents that identify the property pool and/or the income of ...

We are halfway through the Countdown, and what an apt time to talk about interim proceedings under the new amalgamated Court and effective from next Wednesday (1 September). It is not unusual for a dispute between separated parents and/or parties to need some interim determination or intervention from the Court.  This is often in the form of a need for parenting arrangements to be put in place pending any final hearing, or to injunct or somehow prevent any dealing with property on an interim basis and prior to the entitlement to that property is finally determined.  Emotions are often most heightened immediately after separation, and there is a natural correlation between issues in dispute, requiring interim intervention, and high emotion in my experience! So what’s the go on an interim basis? At the point of filing your application,  a triage style team at the Court will determine whether certain urgency should be afforded to a matter simply under its subject matter ...

Six days to go and what an ideal time to focus more on dispute resolution within the amalgamated Court! Importantly, it remains that if there are family violence and safety concerns, the emphasis upon dispute resolution is of less pertinence. Even in cases where risk is evident, the Court and parties are required to consider measures which can be implemented to facilitate dispute resolution occurring in a safe way, including in separate rooms and electronically. There is also an emphasis upon parties engaging with private mediation services and external  family dispute resolution  practitioners (the latter being relevant to parenting mediation) where resourcing allows. Whilst clearly, for this reason, there will continue to be a significant role for private mediators within the family law community, the increase in the resourcing of Registrars within the Court, and particularly the recruitment of many specialist and experienced mediators, should impact the availability of...

Day 7 on the litigation highway, and what better time to talk about timelines within the new FCFCoA and the Central Practice Direction . It’s important to appreciate from the outset, that it is a rare matter that will endure to require a final hearing. With the increased emphasis on negotiation pre-filing, and then the need to engage in further Dispute Resolution along the case management highway, coupled with the emphasis on resolving issues by identifying them and obtaining evidence to resolve any issues in dispute, it is unlikely that the great majority of litigants will require the wigs, gowns, cross-examination and big cost that are inherent in a trial or final hearing. This is a good thing. Litigation damages co-parenting relationships, it impacts adversely on children and causes immeasurable emotional and financial stress. So whilst the prospects are good at avoiding a final hearing – what timelines can be aspired to under the new regime if we are still requiring the Court’s i...

Step 1: Decide if you wish to make a sole or a joint application for divorce A sole application means you are applying solely for a divorce and you may have to incur the entire filing fee that is payable to the courts, on your own. Alternatively, if are making a joint application, we will need to provide a draft copy of your Application to your spouse for their comment and perusal before submitting your Application. The benefit of a joint application is that you may wish to negotiate the payment of the filing fee with your spouse and will not be required to attend a divorce hearing if there are children under the age of 18 years of age. Step 2: Your application is prepared. We will need to gather information from you including your contact details, your arrival in Australia, details of your marriage, the date of separation, and the current parenting arrangements (if there are children under 18 years). Additionally, we will need to know if there are existing or current court orders...

We are on the countdown. Eight days to go until the Courts formally amalgamate and the obvious question is ‘how do you go about seeking the intervention of the new Court in a situation where you are in intractable dispute with your former partner?’ The need to attend for Family Dispute Resolution (“FDR”) or Parenting Mediation and the evidence of that attendance by way of a section 60I certificate became part of the “language” of family law in 2006.  In the subsequent period, Family Dispute Resolution Practitioners and Family Relationship Centres throughout Australia have been inundated with those who have sought to comply with this requirement. Other than in the most extreme of circumstances, most of which are associated with the risk being posed to a child, it is necessary to make a genuine effort to reach an agreement through FDR in relation to a parenting matter before seeking the Court’s intervention. This regime will remain in place for parenting disputes following the am...

Nine days to go until the amalgamation of the Courts and an opportune time to talk about the ten core principles which are now intended to underpin the exercise of the family law jurisdiction by the new Federal Circuit and Family Court of Australia (FCFCOA). Set out in detail in the Central Practice Direction , the core principles have clearly shaped the new case management pathway and the rules that will apply to litigants and their lawyers along that pathway. 1 – Thou shalt have one eye on risk at all times Unsurprisingly, the first Court Principle requires all concerned to put the safety of children, vulnerable parties and litigants first.  This further manifests in the early and ongoing identification and appropriate handling of issues of risk, including allegations of violence. 2 – Thou shalt have purpose The overarching purpose of the Court’s intervention is to facilitate the just resolution of disputes accordingly to law, and as quickly, inexpensively and efficiently a...

There are 10 days to 1 September 2021 and the most significant shift in family law for decades. Over the next 10 days, we will bring you the 10 things you need to know if you are presently involved in family law proceedings, practice in this area, or work with families impacted by the Court system. As many of you are aware, family law in Australia is a federal issue meaning that with a quirky exception in Western Australia, the same law applies throughout Australia.   In the hope of simplifying the jurisdiction and making it more accessible, in December 1999 the Howard government introduced the Federal Magistrates Court of Australia (now known as the Federal Circuit Court ).  Heralded as the `less adversarial’ Court, and capable of cheaper, more efficient justice.  The Family Court of Australia continued to operate for matters of greater complexity but found itself slowly starved of judicial numbers and resourcing as time went on.  Ironically the new amalgama...